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1
Cullet, Philippe, and Sujith Koonan, eds. Other Legal Instruments Incorporating a Water Dimension. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199472475.003.0011.
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This chapter reproduces legal instruments that cover a number of activities and sectors that depend on freshwater and are therefore relevant in the water law context. The first three sections focus on legal instruments relating to fishing, navigation, and electricity production. Mining is an important commercial activity with severe implications on water and the fourth section explains how water related concerns have been addressed in legal instruments regulating mining activities in different states. The next section captures how rural employment schemes are linked to the water sector. It also covers an instrument relating to land acquisition that is relevant to water resource development projects. The next section focuses on water-related crimes as prescribed in the general criminal law of the country. The last section captures some of the important instruments that protect the interests of scheduled castes and scheduled tribes in the context of access to and management of water.
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Cullet, Philippe, and Sujith Koonan, eds. Drinking Water Supply. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199472475.003.0006.
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This chapter focuses specifically on drinking water supply, which is divided into national, state, rural, and urban areas given the multiplicity of relevant instruments. The first section focuses on rural drinking supply. It reproduces the main national-level policy instrument in this area, the National Rural Drinking Water Programme Guidelines, 2013, select state-level legislation (panchayat acts) and instruments highlighting the push for reforms and privatisation in the sector. The second section focuses on urban drinking water supply. It reproduces extracts of a national statute and select state-level legal instruments. It also reproduces legal instruments seeking to foster reforms in urban water provisioning. The third section looks at drinking water supply in specific contexts and highlights select legal instruments concerning schools, post-disaster management, and work places. The last section highlights the issue of drinking water quality and quantity standards, a crucial dimension that has not been given yet the place it deserves in legislation.
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Schrijver, Lara, ed. The Tacit Dimension. Leuven University Press, 2021. http://dx.doi.org/10.11116/9789461663801.
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Within architecture, tacit knowledge plays a substantial role both within the design process and its reception. This book explores the tacit dimension of architecture in its aesthetic, material, cultural, design-based, and reflexive understanding of what we build. Much of architecture’s knowledge resides beneath the surface, in nonverbal instruments such as drawings and models that articulate the spatial imagination of the design process. Tacit knowledge, described in 1966 by Michael Polanyi as what we ‘can know but cannot tell’, often denotes knowledge that escapes quantifiable dimensions of research. Beginning in the studio, where students are guided into becoming architects, the book follows a path through the tacit knowledge present in models, materials, conceptual structures, and the design process, revealing how the tacit dimension leads to craftsmanship and the situated knowledge of architecture-in-the-world. Awareness of the tacit dimension helps to understand the many facets of the spaces we inhabit, from the ideas of the architect to the more hidden assumptions of our cultures.
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Walker, Kim, and Peter J. Schoenbach. Spirited Wind Playing: The Performance Dimension. Indiana University Press, 2016.
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Stoneman, Paul, Eleonora Bartoloni, and Maurizio Baussola. Product Innovation and the Policy Dimension. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816676.003.0013.
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This chapter offers three rationales as to why governments intervene in the product innovation process: the principle ‘more is better’; international comparisons; and market failure. Policy instruments are discussed in the light of earlier findings that firms that are innovative in one dimension tend to be innovative in others. The constraints to innovation (also touched upon in earlier chapters), institutional intellectual property rights and the optimality of their respective lives are discussed. A number of policies are then explored, with some consideration of potential attempts to transfer activities from competing economies and the potential to generate international disputes and reactions. Some policies may operate on the demand side, stimulating the use of product innovation in the domestic economy regardless of wherefrom they come. In these discussions design and creative activities as well as R&D are considered, as are innovations that are aesthetic and not just functional.
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Phillips, James. Technology and Psychiatry. Edited by K. W. M. Fulford, Martin Davies, Richard G. T. Gipps, George Graham, John Z. Sadler, Giovanni Stanghellini, and Tim Thornton. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199579563.013.0014.
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This chapter evaluates the multiple roles of technology in psychiatry, drawing on philosophical resources and mindful of psychiatry's need to benefit from technology without reducing itself to nothing but a technology. It approaches the topic of technology and psychiatry from three perspectives. First, it addresses technology as a way of thinking-technical or instrumental reason-and how technical reason informs psychiatric theory and practice. For this analysis it invokes a philosophical tradition that stretches from Aristotle to Toulmin and Gadamer. Second, it takes up technology as achievement, the most obvious example of which is psychotropic medications. For this dimension of technology in psychiatry it recruits philosopher Albert Borgmann, who has analyzed the tendency of technological products, analyzed as device paradigms, to transmute into commodities. Finally, the chapter takes up technology as instrument of investigation. Philosopher Don Ihde is the guide in this investigation into how the psychiatrically real can become what is revealed through the technological instrument. The final section addresses the overarching question of how to set the right balance between the technological and the non-technological in psychiatry-how psychiatry can make use of technology without losing its humanistic core. It notes that the binary of the technological and non-technology in psychiatry can be mapped onto other binaries: biology and psychology, mind and brain, medication and psychotherapy, diagnosis and patient, theory and instance, general and individual, technical and practical reason. These binaries are not precisely isomorphic with each other, but all contribute to evaluating the role of technology in psychiatry, both in the present and in the desired future.
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Margarita, Rosado, Binette Luc, and Arias Lorena, eds. Galaxies, the third dimension: Proceedings of a conference held at Cozumel, Q.R., México, 3-7 December 2001. San Francisco, Calif: Astronomical Society of the Pacific, 2002.
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Hanschel, Dirk. Enforcement of Federal Law against the German Länder. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.003.0016.
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This chapter examines the various legal and political means of federal law enforcement by Germany’s Federal Government and by the Federal Constitutional Court. This is understood as a form of resolution of vertical power conflicts within federations. While by its nature the main focus of this chapter lies on the legal means of federal law enforcement within the context of the notion of executive federalism, it also devotes some attention to the political dimension. Since German federalism is strongly based on consensus and cooperation, this dimension is very important in practice. Where antagonism between the Federation and the Länder occurs (whether expressed in political or legal terms), it is frequently either motivated by party politics or triggered by matters where specific subnational interests are at stake. Apart from negotiation, adjudication by the Constitutional Court is one of the key instruments to deal with that.
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Baron, Alan, John Hassard, Fiona Cheetham, and Sudi Sharifi. Organization Culture. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198813958.003.0002.
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The study of an English hospice commences by first examining the literature on organizational culture. The extensive and often contested literature on two major and competing epistemological positions is explored. The first is associated with realism and positivism and the second with nominalism and interpretivism. In the former, culture is seen as an instrumental aspect of organizational life—an independent variable capable of manipulation by the organizational members. In the latter, culture has a much more ambiguous ontology, being conceptualized as a tacit framing device or meanings dimension that allows for sense-making amongst the organization’s stakeholders. This divergence of views is often expressed in terms of whether culture is something the organization has or something the organization is. Such views are often seen as being at opposite (objectivist versus subjectivist) ends of a continuum of social science philosophy.
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Stewart, Frances, Gustav Ranis, and Emma Samman. Capabilities and Human Development. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198794455.003.0007.
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This chapter analyses the role of social institutions in advancing human development and capabilities. Social interactions are a quintessential part of human life, and their quantity and quality determine a person’s social or relational capabilities, which are an important dimension of human development. In addition, institutions and social capabilities are shown to play a critical role in advancing capabilities generally and shaping individual choice. They are therefore an important, and often neglected, influence over human development. As well as their instrumental role in enhancing capabilities, social institutions help shape individual preferences and behaviour so that individuals cannot be assumed to be fully autonomous in decisions about the nature of the lives they live. The chapter analyses the concept of social cohesion, as an important condition affecting human development. It concludes by analysing some policy implications arising from this analysis aimed at promoting well-functioning social institutions likely to advance human development.
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William A, Schabas. Part 5 Investigation and Prosecution: Enquête Et Poursuites, Art.58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear/Délivrance par la chambre préliminaire d’un mandat d’arrêt ou d’une citation à comparaître. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0063.
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This chapter comments on Article 58 of the Rome Statute of the International Criminal Court. Article 58 sets out the accusatory instrument by which an individual ‘suspect’ is put in jeopardy by formal prosecution proceedings. It is subject to the judicial control of the Pre-Trial Chamber. Article 58 has both a substantive and a procedural dimension. The former involves determination by the Pre-Trial Chamber that there are ‘reasonable grounds’ to believe that a suspect has committed a crime within the jurisdiction of the Court. The latter involves determining whether arrest of the suspect is necessary in order actually to exercise jurisdiction, or whether the person concerned will appear voluntarily before the Court.
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O'Donnell, Ian. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198798477.003.0001.
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Before the First World War capital punishment was practically obsolete in Ireland. It was used by the British during the Easter Rising of 1916 and the War of Independence, and with greater enthusiasm by the nascent Irish Free State during the civil war, when eighty-one prisoners (inaccurately eulogized as ‘the seventy-seven’) were executed. Kevin O’Higgins, instrumental in these executions, was himself assassinated by the IRA. The level of executions remained high throughout the 1920s despite the continued secular decline in lethal violence. Annie Walsh, the only woman executed during independence, went to the gallows in 1925. Governments had become accustomed to widespread loss of life, making capital punishment a less weighty matter. Executions increased again during the Second World War (known in Ireland as ‘the Emergency’) when the homicide rate was heading towards an all-time low. Capital punishment was touted as a vital safeguard against subversion but most executions involved killings with no conceivable political dimension.
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Yalcin, Seth. Semantics as Model-Based Science. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198739548.003.0012.
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This chapter critiques a number of standard ways of understanding the role of the metalanguage in a semantic theory for natural language, including the idea that disquotation plays a nontrivial role in any explanatory natural language semantics. It then proposes that the best way to understand the role of a semantic metalanguage involves recognizing that semantics is a model-based science. The metalanguage of semantics is language for articulating features of the theorist’s model. Models are understood as mediating instruments—idealized structures used to represent select aspects of the world, aspects the theorist is seeking some theoretical understanding of. The aspect of reality we are seeking some understanding of in semantics is a dimension of human linguistic competence—informally, knowledge of meaning.
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Lastra, Rosa M., and Alan H. Brener. Justice, financial markets,and human rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755661.003.0002.
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Rebuilding confidence in the financial system after the Great Financial Crisis requires more than enacting new rules; it requires a change in behavior (ethical dimension) and a different set of incentives to reconnect the interests of bankers and financiers with the interests of society. Any new normative account of financial law—whether national, European, or international—must therefore consider that financial law does not operate in a vacuum and that we need to reconcile this rather “novel” discipline with “traditional” established legal principles, in particular when it comes to human rights. Indeed, one of the lessons of the crisis is that finance should not be dissociated from the ethical foundations that underlie the legal system. Finance needs to go back to being an instrument for wealth creation (and not just for a few) and development.
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Lis, Stefanie, Nicole E. Derish, and M. Mercedes Perez-Rodriguez. Social Cognition in Personality Disorders. Edited by Christian Schmahl, K. Luan Phan, Robert O. Friedel, and Larry J. Siever. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780199362318.003.0009.
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Changes in social cognition are increasingly recognized as core illness features in the personality disorders with a broad impact on social functioning. Despite the significant disability caused by social cognitive dysfunction, treatments for this symptom dimension tailored to the specific deficits of a disorder are still missing. This chapter characterizes the different domains of social cognitive processing and describes different approaches and instruments for measuring impairments. It provides a short overview of the evidence demonstrating changes in social cognition in schizotypal personality disorder, borderline personality disorder, and antisocial and avoidant personality disorder, as well as the neurobiology of social cognition. During the recent past the number of studies addressing this topic increased tremendously. Nevertheless, research in this area is still young and requires approaches that study these functions while emphasizing the social context and associate deficits observed in experimental paradigms with interpersonal dysfunction during every-day life.
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Fazekas, Mihály, Luciana Cingolani, and Bence Tóth. Innovations in Objectively Measuring Corruption in Public Procurement. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817062.003.0007.
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While there is continued interest in measuring governance, disagreement on how best to do so has only grown over time. To provide pointers at innovative and rigorous indicator building, this chapter documents innovations in measuring a particularly challenging governance dimension: corruption in public procurement. In hopes of inspiring future research, the chapter critically reviews objective corruption proxies using administrative data on government purchases falling in four broad categories: tendering risk indicators, political connections indicators, supplier risk indicators, and contracting body risk indicators. The findings indicate that the best measurement instruments focus on the transaction level (micro level) while allowing for consistent aggregations for time series and cross-country comparisons. Such actionable indicators capture behaviour as directly as possible rather than remaining at the country level. They also retain the relational or transactional aspects of governance, revealing a much more dynamic picture than widely used population and expert surveys.
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Harpaz, Yossi. Citizenship 2.0. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691194066.001.0001.
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This book focuses on an important yet overlooked dimension of globalization: the steady rise in the legitimacy and prevalence of dual citizenship. Demand for dual citizenship is particularly high in Latin America and Eastern Europe, where more than three million people have obtained a second citizenship from EU countries or the United States. Most citizenship seekers acquire EU citizenship by drawing on their ancestry or ethnic origin; others secure U.S. citizenship for their children by strategically planning their place of birth. Their aim is to gain a second, compensatory citizenship that would provide superior travel freedom, broader opportunities, an insurance policy, and even a status symbol. The book analyzes three cases: Israelis who acquire citizenship from European-origin countries such as Germany or Poland; Hungarian-speaking citizens of Serbia who obtain a second citizenship from Hungary (and, through it, EU citizenship); and Mexicans who give birth in the United States to secure American citizenship for their children. The book reveals the growth of instrumental attitudes toward citizenship: individuals worldwide increasingly view nationality as rank within a global hierarchy rather than as a sanctified symbol of a unique national identity.
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Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part II A View Through Illustrative Contracts and Harmonizing Instruments, 14 International Interests in Mobile Equipment and the Cape Town Convention and Aircraft Protocol: Adding a New Dimension to International Lawmaking. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0015.
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This chapter is devoted to the 2001 Cape Town Convention on international interests in mobile equipment and its associated Aircraft Protocol sponsored by UNIDROIT and ICAO. Both instruments have secured a large number of ratifications. Their 99 provisions cover a wide range of issues relating to security and quasi-security interests in aircraft objects, railway rolling stock and space assets. The chapter examines the principles underlying the Convention, its sphere of application, the default remedies, the provisions relating to the International Registry for the registration of international interests and sales and the priority rules based on the order of registration. Key features of the overriding provisions of the Aircraft Protocol are also identified, including strong creditors' remedies in the event of the debtor's insolvency, remedies which are considered a key features in reducing the risks and costs of aviation finance.
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Doyle, David M., and Liam O'Callaghan. Capital Punishment in Independent Ireland. Liverpool University Press, 2020. http://dx.doi.org/10.3828/liverpool/9781789620276.001.0001.
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This is a comprehensive and nuanced historical survey of the death penalty in Ireland from the immediate post-Civil War period through to its complete abolition. Using original archival material, this book sheds light on the various social, legal and political contexts in which the death penalty operated and was discussed. In Ireland the death penalty served a dual function: as an instrument of punishment in the civilian criminal justice system, and as a weapon to combat periodic threats to the security of the state posed by the IRA. In closely examining cases dealt with in the ordinary criminal courts, this book elucidates ideas of class, gender, community and sanity and how these factors had an impact the administration of justice. The application of the death penalty also had a strong political dimension, most evident in the enactment of emergency legislation and the setting up of military courts specifically targeted at the IRA. As this book demonstrates, the civilian and the political strands converged in the story of the abolition of the death penalty in Ireland. Long after decision-makers accepted that the death penalty was no longer an acceptable punishment for ‘ordinary’ cases of murder, lingering anxieties about the threat of subversives dictated the pace of abolition and the scope of the relevant legislation.
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Immerman, Richard H., and Petra Goedde, eds. The Oxford Handbook of the Cold War. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199236961.001.0001.
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The Oxford Handbook of the Cold War offers a broad reassessment of the cold war period based on new conceptual frameworks developed in the field of international history. The cold war emerges as a distinct period in twentieth-century history, yet one that should be evaluated within the broader context of global political, economic, social, and cultural developments. This book brings together scholars in cold war history to offer an assessment of the state of the field and identify fundamental questions for future research. The individual chapters in this volume evaluate both the extent and the limits of the cold war's reach in world history. They call into question orthodox ways of ordering the chronology of the cold war and also present new insights into the global dimension of the conflict. Even though each chapter offers a unique perspective, together they show the interconnectedness between cold war and national and transnational developments, including long-standing conflicts that preceded the cold war and persisted after its end, or global transformations in areas such as human rights or economic and cultural globalization. Because of its broad mandate, the volume is structured not along conventional chronological lines, but thematically, offering chapters on conceptual frameworks, regional perspectives, cold war instruments, and cold war challenges. The result is an account of the ways in which the cold war should be positioned within the broader context of world history.