To see the other types of publications on this topic, follow the link: Implicit rules.
Books on the topic 'Implicit rules'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 33 books for your research on the topic 'Implicit rules.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse books on a wide variety of disciplines and organise your bibliography correctly.
1
McNamara, John Kennedy. Implicit and explicit functions in the acquisition of a phonics rule in the word recognition of learning disabled and non learning disabled students. Faculty of Education, Brock University, 1997.
Find full text
3
W. D. Gann Implicit Rules of Trend - WD Gann Mechanical Trend Trading System. Lulu Press, Inc., 2017.
Find full text
4
Miriam, Goldby. Part I How Practices Become Norms: The Continued Development of Shipping Law, 3 Enforceability of ‘Spontaneous Law’ in England: Some Evidence from Recent Shipping Cases. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198757948.003.0003.
Full textAbstract:
This chapter analyses the process of rule-making in the maritime transport industry. It uses the term ‘spontaneous law’ to refer to norms that emerge as a result of regular and repeated interactions among participants in shipping networks, interactions that create common understandings as to how contractual obligations undertaken are to be performed. The rule-making activity results in a combination of articulated or expressed rules that are enforceable directly as a result of the formation of a valid and binding contract; and unexpressed (or implicit) understandings that form part of the contractual context and that supplement the expressed rules. The context within which these unarticulated rules come into existence is a commercial network of contractual relationships. The chapter engages with the pragmatic question of how and to what extent these unarticulated rules will be enforced by the courts in the resolution of a dispute, focusing on the courts of England and Wales.
5
Guen, Olivier Le. Managing epistemicity among the Yucatec Mayas (Mexico). Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789710.003.0010.
Full textAbstract:
Many studies have supported the idea that human interaction relies on cooperation and joint action, implying that everyday communication has primarily a social motivation. According to Grice, interlocutors are expected to meet the informational needs of their interactional partner(s) in both accuracy and informativeness. However, conversional principles incompatible with Grice’s maxims have been found to be implicitly applied in traditional societies from Madagascar, the Pacific Islands, and Mesoamerica. This chapter considers the management of epistemicity among the Yucatec Mayas of Mexico, focusing on the function and use of evidential particles and the broader cultural context into which they fit. Another is to present the implicit rules that adults and children follow to evaluate and endorse claims of knowledge. Such rules might explain why Yucatec Mayas tend to be linguistically accurate in stating and evaluating knowledge sources. Because they expect others to lie or withhold information, they constantly monitor how their and others’ assertions and information are shared.
6
Pober, Maria. Redefining the Hypernym Mensch:in in German. Rowman & Littlefield, 2023. https://doi.org/10.5040/9781978721500.
Full textAbstract:
Redefining the Hypernym Mensch:in in German: Gender, Sexuality, and Personhood examines how the verbalization of ‘human’ in gender normative terms results in implicit exclusion. Situated in the tension between traditional rules and progressive language use, this book criticizes the heteronormativity of masculine hypernyms and argues for the adoption of gender-inclusive linguistic practices.
7
Nagarajan, Vijaya. Embodied Mathematics. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780195170825.003.0007.
Full textAbstract:
This chapter introduces ethnomathematics and discusses the multiple relationships between the kōlam and mathematics. Some of these mathematical properties align with women’s implicit framing knowledge of the kōlam. These ritual patterns are relevant to four key mathematical aspects: symmetry, fractals, array grammars and picture languages, and infinity. This chapter presents the concept of embodied mathematics and argues that Chandralekha’s choreographies embody the three dimensional kōlam. The dot kōlams and the square kōlams are symmetrical. Using geometric algorithms, mathematicians have found that the kōlam is created by transforming and superimposing basic subunits into fractals. Picture languages use sets of basic units combined with formal rules to make larger and seemingly infinite patterns, which computer scientists use for programming computer languages. The kōlam’s connection to infinity serves as a vehicle for auspiciousness. This chapter also discusses how Chandralekha’s choreographies expand the two-dimensional kōlam into three dimensions.
8
Vanderschraaf, Peter. A Limited Leviathan. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199832194.003.0006.
Full textAbstract:
The state social contract relationship between rulers and the ruled in civil society is fruitfully understood as a governing convention. This relationship is modeled with an indefinitely repeated Humean Sovereignty game, where subjects and their sovereign maintain a governing convention by respectively obeying and providing adequate government. The ruled and their rulers maintain an implicit contract that is self-enforcing rather than an explicit contract requiring third-party enforcement. This model is motivated by the Trust problem in game theory and dynamic programming models of employment search. The governing convention idea has roots in Hume’s discussions of government. The closely allied Leadership Selection problem has roots in Hobbes’ account of commonwealth by institution. Hobbes’ original analysis fails, but his general strategy of justifying government by identifying an isomorphism between an actual regime and the regime of hypothetical choice motivates justifying democratic government via the salience of a democratic leadership convention.
9
VanCour, Shawn. Making Radio Talk. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190497118.003.0006.
Full textAbstract:
This chapter considers emerging forms of radio speech developed for formats ranging from scheduled talks to professional announcing. Disrupting established styles of public speaking, radio offered rich subject matter for the new discipline of speech communication, which helped to formalize new rules favoring a well-modulated delivery with restrained, natural speech and careful control over rate, pitch, and enunciation. Three larger sets of cultural tensions impacted these emerging announcing practices: (1) tensions surrounding a standardized national speech movement and its implicit regional, gender, and class biases; (2) concerns over an emergent culture of personality that informed debates on desired degrees of formality and informality in radio speech; and (3) long-standing concerns over disembodied communication-at-a-distance exacerbated by radio’s severing of voices from speakers' physical bodies. Resulting efforts to discipline the radio voice spurred important shifts in period voice culture that resonated across fields from rhetoric and theater to film and phonograph entertainment.
10
Weinrib, Jacob. Sovereignty as a Right and as a Duty. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190922542.003.0003.
Full textAbstract:
The organizing principle of Immanuel Kant’s political philosophy is that each person has a basic right to equal freedom. This principle poses a challenge to the very possibility and purpose of sovereignty. It poses a challenge for the possibility of sovereignty because that idea divides persons into rulers and ruled and empowers the former to change the normative situation of the latter by conferring rights, powers, and immunities, or even imposing coercible obligations. But if each person has a right to equal freedom, how could sovereignty—with its attendant division of persons into ruler and ruled—be possible? Kant’s answer is that sovereignty is possible because it is constitutive of the condition in which private persons interact with one another on terms of equal freedom. Such an approach gives Kant resources both to explain how sovereignty can be justified to those bound by it and to deny that every organization that has a monopoly on violence exercises sovereignty. The right to equal freedom also has significant ramifications for thinking about the kinds of purposes that sovereign power may serve. Implicit in the justification of the sovereign’s right to exercise public authority is an overarching duty to bring the legal order as a whole into the deepest possible conformity with its own animating principle, equal freedom. Thus, Kant’s account of how sovereignty is possible culminates in an account of the duty that accompanies its exercise.
11
Paul J, Conderman. Part II Commentaries to Typical Sofa Rules, 14 Vehicles. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808404.003.0014.
Full textAbstract:
This chapter addresses the issues that come with vehicle registration. The UN Model SOFA and NATO SOFA implicitly provide that service vehicles shall not be subject to registration by the Receiving State. Rather the Sending State—and in UN peace operations the UN Secretariat—bears responsibility for this. In addition, the NATO SOFA does not deal with the registration of private vehicles. The principle is therefore that of submission to the laws and regulations of the Receiving State. The question of insurance for service vehicles meanwhile is largely a moot one, as they are property of the Sending State, a self-insurer. The purpose of insurance is to compensate victims for damage and claims arising out of the operation of service vehicles in the performance of official duty.
12
Mann, Peter. Matrices. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198822370.003.0031.
Full textAbstract:
This chapter looks at the calculus of a function of two or more variables, which is the subject of partial differentiation. The partial derivative of a function is the rate of change of the function with respect to the distance in the direction of a particular coordinate axis and is symbolised with the sign ∂. The chapter spends time on the implicit function theorem, since it is relied upon heavily elsewhere in the text. Lagrange multipliers are used to solve constrained optimisation problems. Topics include critical points, the product rule, the chain rule, directional derivatives, hypersurfaces and Taylor’s theorem. In addition, the chapter discusses Jacobian matrices, the inverse function theorem, gradients, level sets and Hessian matrices.
13
Ems, Lindsay. Virtually Amish. The MIT Press, 2022. http://dx.doi.org/10.7551/mitpress/11792.001.0001.
Full textAbstract:
How the Amish have adopted certain digital tools in ways that allow them to work and live according to their own value system. The Amish are famous for their disconnection from the modern world and all its devices. But, as Lindsay Ems shows in Virtually Amish, Old Order Amish today are selectively engaging with digital technology. The Amish need digital tools to participate in the economy—websites for ecommerce, for example, and cell phones for communication on the road—but they have developed strategies for making limited use of these tools while still living and working according to the values of their community. The way they do this, Ems suggests, holds lessons for all of us about resisting the negative forces of what has been called “high-tech capitalism.” Ems shows how the Amish do not allow technology to drive their behavior; instead, they actively configure their sociotechnical world to align with their values and protect their community's autonomy. Drawing on extensive ethnographic fieldwork conducted in two Old Order Amish settlements in Indiana, Ems explores explicit rules and implicit norms as innovations for resisting negative impacts of digital technology. She describes the ingenious contraptions the Amish devise—including “the black-box phone,” a landline phone attached to a device that connects to a cellular network when plugged into a car's cigarette lighter—and considers the value of human-centered approaches to communication. Non-Amish technology users would do well to take note of Amish methods of adopting digital technologies in ways that empower people and acknowledge their shared humanity. The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.
14
Eisenberg, Melvin A. Behavioral Economics and Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0011.
Full textAbstract:
Chapter 11 concerns behavioral economics. Classical contract law was implicitly based on a rational-actor or expected-utility model of psychology. Under this model, actors who make decisions in the face of uncertainty rationally maximize their expected utility, with all future benefits and costs properly discounted to present value. Rationality, in turn, requires that when consequences are uncertain their likelihood must be evaluated without violating the basic rules of probability theory. Within the last half century a great body of theoretical and empirical work in cognitive psychology, known as behavioral economics, has shown that due to the limits of cognition the expected-utility model often diverges from the actual psychology of choice. Some of the decision-making rules that people use yield systematic errors, and other aspects of peoples’ cognitive capabilities are also systematically defective.
15
Linnebo, Øystein. The Julius Caesar Problem. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199641314.003.0009.
Full textAbstract:
The Julius Caesar problem concerns cross-categorical identities such as “3 = Julius Caesar”. The problem and its significance to some Fregean projects are explained. The notions of sortal and category are introduced. A neo-Fregean argument to the effect that every object belongs to a unique category is criticized and an alternative, more pragmatic argument to the same effect is developed. The handling of such mixed identity statements often needs conceptual decisions, not just factual discoveries. The conceptual decisions of our ancestors are implicit in our inherited linguistic practices, which have by and large legislated against the overlap of categories, but exceptions to the rule are certainly possible and very likely even actual.
16
Kharchenko, Sergey, Nikita Zhizhin, and Dmitry Kucher. RISKS AND PROBLEMS OF 5G NETWORKS DEVELOPMENT IN RUSSIA. LCC MAKS Press, 2022. http://dx.doi.org/10.29003/m2574.978-5-317-06740-3.
Full textAbstract:
The authors describe the advantages and the adverse consequences of 5G networks development. They propose their own classification of the advantages, dividing them into explicit, implicit and hidden. The hidden advantages are determined to be decisive. Special attention is paid to the potential of 5G networks to provide police functions, in particular, to ensure all issues of total surveillance of any person. The risk-cost-benefit analysis is carried out, allowing us to draw conclusions about the justification for the 5G networks development. The analysis makes us doubt the justification of spending trillions of rubles for the development of 5G networks in the Russian Federation. The book is intended for specialists in the field of ecology, environmental protection and for students studying and specializing in these areas.
17
Blank, Andreas. Cartesian Logic and Locke’s Critique of Maxims. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198815037.003.0012.
Full textAbstract:
This chapter contextualizes Locke’s critique of logical and metaphysical maxims within the framework of the Cartesian critique of the topical tradition. It makes clear that Locke, targeting the Scholastic, proof-theoretic conception of maxims, replicates argumentative patterns found in the work of the Cartesian logicians Johannes Clauberg and Antoine Arnauld, who argued against the topical (Ramist) conception of maxims. Locke also inherits certain weaknesses of this Cartesian critique, which, it is argued, does not adequately capture the view of Petrus Ramus and others in the topical tradition that maxims only make explicit the rules that implicitly govern various areas of discourse.
18
Grofman, Bernard. The Impact of Electoral Laws on Political Parties. Edited by Donald A. Wittman and Barry R. Weingast. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199548477.003.0006.
Full textAbstract:
This article looks at the impact of electoral laws on political parties. It focuses on empirical research, rather than on the implicitly normative foundations of different voting rules or on formal modeling results. The discussion presents comparisons of a limited number of polar electoral system types. The article lists forms of proportional election methods and plurality elections, which are considered to be two of the most important methods of voting. Finally, the article serves to report the results of one of the four main concerns of the field by observing the electoral system effects on the number of parties, etc.
19
James A, Green. Part II The Criteria for the Operation of the Persistent Objector Rule, 5 The Consistency Criterion. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704218.003.0006.
Full textAbstract:
The need for consistency is identified regularly in the literature on the persistent objector rule, but this is often implicit or amalgamated/confused with the persistence criterion. This chapter aims to confirm the need for consistent objection, which is a requirement related to, but distinct from, persistence. It then assesses the rationale for the consistency criterion, before turning to the important question of what ‘consistent objection’ in fact entails. The chapter then considers whether a state's objections must be ‘absolutely consistent’ (in the sense of any contrary practice being terminal for its exemption from the relevant norm), or whether a generally consistent pattern of objection will suffice. The chapter also asks whether the silence of a state — in circumstances where it might reasonably be expected to object — can be interpreted as inconsistent practice. Finally, the chapter considers the notion of ‘substantive consistency’, meaning the consistency of a state's position as between related norms: does a persistent objector need to have a principled stance of objection across comparable norms?
20
Reny, Marie-Eve. Everyday Forms of Containment. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190698089.003.0005.
Full textAbstract:
This chapter empirically accounts for how house church leaders have complied with explicitly and implicitly transmitted rules set by local authorities containing them. They have kept a low profile by avoiding criticizing the government during sermons, refrained from attracting public attention to their activities, and in some cases, limited the size of their congregations. House church leaders have also opened up to local authorities and shared information about their activities when needed. Beyond such compliance, the authorities have sustained containment by sending house church leaders warnings when they anticipate they might be crossing red lines. Yet religious leaders have themselves accumulated information about local public security bureaus, which has facilitated the pursuit of their interests.
21
Barlas, Asma. Islam. Edited by Adrian Thatcher. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199664153.013.001.
Full textAbstract:
This chapter analyses the Qur’an’s position on theology, sexuality, and gender, with the intent of challenging readings of Islam as a patriarchy. It illustrates that missing from Islam’s scripture is the imaginary of God as father/male and endorsements of father-rule (the traditional form of patriarchy), as well as any concept of sexual differentiation that privileges males (more modern forms of patriarchy). Indeed, many Qur’anic teachings can be read on behalf of the principle of sexual equality since they establish the ontological equality of women and men and emphasize the need for mutual care and guardianship between them. Both by re-reading some of the ‘anti-women’ verses and by applying a hermeneutical method to interpret the Qur’an—which is implicit in the text itself—the chapter also demonstrates that different interpretive strategies can change our understanding of textual meaning.
22
Schaberg, David. Classics (jing經). Редактори Wiebke Denecke, Wai-Yee Li та Xiaofei Tian. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199356591.013.12.
Full textAbstract:
Each of the texts and commentarial traditions known as the “Confucian” classics derives ultimately from Zhou dynasty models for speech and ritual behavior. Shijing (Classic of Poetry) includes both court liturgy and local popular song, Shangshu (Documents Classic) gathers speeches attributed to early rulers, Chunqiu (Spring and Autumn Anna ls) assembles historical accounts and interpretations, the Classics on ritual (li) addresses fine points of ceremony and political order, and Yijing (Classic of Changes) offers a guide to divination and the connections between the natural and human worlds. Conceived of as a set and linked over time to the teachings of Confucius, the canon was adopted during the Han dynasty as the prime expression of China’s ideals for morality, education, administrative practice, and governance. As a rich literary corpus that had implicit legitimacy, the classics offered models both for particular literary styles and for an enduring order of textual expression and interpretation.
23
Bergqvist, Anna. Moral Perception, Thick Concepts, and Perspectivalism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786054.003.0014.
Full textAbstract:
This chapter examines the implications of Iris Murdoch’s distinctive conception of value experience for the possibility of a value objectivism and what is sometimes called the ‘absolute conception’, which is implicit in many contemporary debates about thick evaluative concepts. It argues for a robust realist reading of the claim that the salient concepts of an individual’s life-world can be revelatory of value without appeal either to Platonism or value constitutivism. The chapter distinguishes two readings of the concept of ‘non-perspectival value’, an epistemic and a non-epistemic one, and argues that commitment to the thesis that value is in some sense always ‘value for us’ does not as such rule out value’s being non-perspectival in the sense of existing independently of any actual world views or perspectives in the non-epistemic sense. What is needed is a separate argument that speaks to the practicality of thick moral concepts as action-guiding concepts.
24
Eisenberg, Melvin A. Relational Contracts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0054.
Full textAbstract:
Chapter 54 concerns relational contracts. Classical contract law was implicitly based on a paradigm consisting of a bargain made between strangers transacting on a perfect market, and focused on the static instant of contract formation, rather than dynamic processes such as the evolution of a contractual relationship. Relational-contract theory rejects the stranger-in-a-perfect-market paradigm and the static conception of contract law. Instead, it is based on a paradigm of a contractual transaction between actors who are in an ongoing and dynamic relationship. The identification of relational contracts as an economic and sociological entity is desirable. However, a theory of relational contracts requires the formulation of a body of legal rules applicable to, and only to, relational contracts. This is a place to which relational-contract theory has not gone and cannot go.
25
Eisenberg, Melvin A. The Certainty Principle. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0018.
Full textAbstract:
Chapter 18 concerns the principle of contract law that damages must be proved with reasonable certainty. In practice this principle is usually applied to cut off profits that a promisee claims he would have made if the promisor had performed. Under classical contract law the degree of certainty required to prove lost profits was typically set at a high level and the use of probability-based analysis was explicitly or implicitly rejected. This approach is often referred to as the all-or-nothing rule. It is dramatically out of touch with the reality of probability and has begun to be less widely followed.
26
Pieter Jan, Kuijper. Part III Observance and Application of Treaties, 16 The European Courts and the Law of Treaties: The Continuing Story. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0016.
Full textAbstract:
This chapter presents a critical analysis of the case law of the European Court of Justice and of the General Court relating to the application of the international law of treaties. It covers the some forty cases in which the Courts have referred explicitly to the Vienna Convention on the Law of Treaties 1969, and a few more where this happened implicitly, during the period 1998–2010. Inevitably the emphasis falls on the application of the rules of treaty interpretation to the international agreements concluded by the European Union (EU), but also to the founding treaties of the EU itself. The Courts have been confronted with great regularity with questions relating to the law of treaties and thus have become increasingly sophisticated in their use of it. The recent accusation that the Court is adverse to international law seems to be based on a few dramatic cases, not on the steady stream of smaller cases in which the law of treaties plays a role.
27
Misri, Deepti. Epilogue. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038853.003.0007.
Full textAbstract:
This concluding chapter reviews the violence of the oppressed, exercised against the juggernaut of the state and its favored caste and class constituencies. After briefly exploring an active feminist debate over the ethical valence of violence, the chapter indicates how one must be prepared to consider if such violence places a productive pressure on contemporary imaginings of India. Implicitly and explicitly, the book concludes by searching for an idea of India that escapes the prevailing discourses of Brahminical, neoliberal, and patriarchal nationalism that rule current articulations of that idea. To say that the violence of the oppressed gestures toward a more expansive idea of India is not simply to endorse violence, but rather to invite scrutiny of the long history of ideas of nation that have created these oppressed groups and their resistant violence.
28
Tonry, Michael. Doing Justice, Preventing Crime. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780195320503.001.0001.
Full textAbstract:
In the 2020s, no informed person disagrees that punishment policies and practices in the United States are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices; mass incarceration; the world’s highest imprisonment rate; extreme disparities, especially affecting members of racial and ethnic minority groups; high rates of wrongful conviction; assembly-line case processing; and a general absence of respectful consideration of offenders’ interests, circumstances, and needs. The main ideas in this book about doing justice and preventing crime are simple: Treat people charged with and convicted of crimes justly, fairly, and even-handedly, as anyone would want done for themselves or their children. Take sympathetic account of the circumstances of peoples’ lives. Punish no one more severely than he or she deserves. Those propositions are implicit in the rule of law and its requirement that the human dignity of every person be respected. Three major structural changes are needed. First, selection of judges and prosecutors, and their day-to-day work, must be insulated from political influence. Second, mandatory minimum sentence, three-strikes, life without parole, truth in sentencing, and similar laws must be repealed. Third, correctional and prosecution systems must be centralized in unified state agencies.
29
Clark, Janine Natalya, and Michael Ungar, eds. Resilience, Adaptive Peacebuilding and Transitional Justice. Cambridge University Press, 2021. http://dx.doi.org/10.1017/9781108919500.
Full textAbstract:
Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice – among them (re)establishing the rule of law, delivering justice and aiding reconciliation – implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have – and can – contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book is available as Open Access.
30
Purcell, Kate. Geographical Change and the Law of the Sea. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198743644.001.0001.
Full textAbstract:
This book examines the implications of geographical change for maritime jurisdiction under the law of the sea. In a multistranded intervention, it analyses and critiques both the explicit and implicit reasoning underpinning the familiar claim that maritime limits are, as a general rule, ambulatory—shifting with changes to the coast. The book examines and challenges related and analogous arguments regarding the implications of geographical change for maritime boundaries. It attempts to clarify the principles and presumptions bearing upon an assessment of the fluidity of boundaries generally. Finally, it considers and contests claims that entitlement to maritime space will be lost if the features generating such entitlement are submerged by rising seas. This analysis is extended in a comment on the implications of a loss of habitable land and large-scale population displacement for continuing territorial sovereignty and statehood. The in-depth analysis of the existing law in this book offers new answers to the question of the implications of geographical change for entitlement to maritime space, maritime limits, and international maritime boundaries. It also helps to clarify the circumstances in which either or both territorial sovereignty and statehood may be lost, explaining why the impacts of climate change upon land and population will not automatically have this result—even if the affected State is no longer ‘effective’ as a State or territorial sovereign. The book includes an analysis of the principle of intertemporal law that suggests a useful framework for considering questions of stability and change in international law more broadly.
31
Williamson, Timothy. Suppose and Tell. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198860662.001.0001.
Full textAbstract:
The book argues that our use of conditionals is governed by imperfectly reliable heuristics, in the psychological sense of fast and frugal (or quick and dirty) ways of assessing them. The primary heuristic is this: to assess ‘If A, C’, suppose A and on that basis assess C; whatever attitude you take to C conditionally on A (such as acceptance, rejection, or something in between) take unconditionally to ‘If A, C’. This heuristic yields both the equation of the probability of ‘If A, C’ with the conditional probability of C on A and standard natural deduction rules for the conditional. However, these results can be shown to make the heuristic implicitly inconsistent, and so less than fully reliable. There is also a secondary heuristic: pass conditionals freely from one context to another under normal conditions for acceptance of sentences on the basis of memory and testimony. The effect of the secondary heuristic is to undermine interpretations on which ‘if’ introduces a special kind of context-sensitivity. On the interpretation which makes best sense of the two heuristics, ‘if’ is simply the truth-functional conditional. Apparent counterexamples to truth-functionality are artefacts of reliance on the primary heuristic in cases where it is unreliable. The second half of the book concerns counterfactual conditionals, as expressed with ‘if’ and ‘would’. It argues that ‘would’ is an independently meaningful modal operator for contextually restricted necessity: the meaning of counterfactuals is simply that derived compositionally from the meanings of their constituents, including ‘if’ and ‘would’, making them contextually restricted strict conditionals.
32
Foran, Michael P. Equality Before the Law. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509964970.
Full textAbstract:
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to anti-discrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – understood as collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution. Hart Studies in Constitutional Theory: Volume 6
33
Hinton, Alexander Laban. Aesthetics (Theary Seng, Vann Nath, and Victim Participation). Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820949.003.0007.
Full textAbstract:
The second part of the book, “Turbulence,” centers on the transitional justice encounter of three survivors (Theary Seng, Vann Nath, and Bou Meng) involved in victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC). Chapter 4, for example, is loosely structured around the idea of aesthetics and the experience of two victims who participated in the proceedings, Theary Seng and former S-21 prisoner Vann Nath. If the 2008 reenactment highlighted the performative dimensions of the transitional justice imaginary, it also suggested an implicit aesthetics as a former prison that had been converted into a genocide museum was, in this moment, envisioned as a crime site now inhabited by court personnel, victims and witnesses, and defendant, and evidence. The ECCC has a similar aesthetics of justice, ranging from court regalia and symbols to courtroom demeanor, technologies, styles of speech and movement, and public participation. The first part of the chapter centers on the experience of the first civil party, Theary Seng. Originally skeptical of the ECCC, Seng came to believe it had transformative possibilities in terms of promoting democracy in Cambodia. To this end, in a series of pretrial hearings, she sought to speak directly in court. Initially successful, Seng was eventually silenced as the Pre-Trial Chamber ruled that civil parties could only speak through their lawyers. Seng, for her part, became increasingly critical of the court, stating that she refused to be a piece of “décor” in a “sham.” Eventually she would renounce her civil party status and become an outspoken critic of the court, which was increasingly beset by controversy. The remainder of the chapter focuses on Vann Nath’s Case 001 testimony. On the day of his testimony, the 500-seat courtroom was packed, as it would be during many subsequent trial sessions. Vann Nath’s art, much of which he had produced during People’s Republic of Kampuchea for display at Tuol Sleng, was reintroduced as juridical evidence and shown in court. The chapter explores some of these aesthetic dimensions of the transitional justice imaginary even as it considers the lived experience and practices that informed Vann Nath’s art, including Buddhist aesthetics and beliefs.