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1
Shishkina, Elena. Tactical and forensic support of investigative activities: a workshop. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1546031.
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The workshop is a set of educational and methodological materials intended for the development of the course "Tactical and forensic support of investigative activities". For each topic of the course, there is a list of studied and control questions, a list of recommended literature, as well as a set of control and measuring materials-test tasks, situational tasks. As elements of the methodological support of the course, the workshop contains samples of scenarios of business games and other interactive forms of conducting practical classes (discussions on problematic issues of the course), materials for performing creative tasks. Practical tasks are compiled on the basis of materials of investigative and judicial practice. Samples of tasks for correspondence students and methodological recommendations for their implementation, as well as sample topics of abstracts and other research papers of students are presented.
Meets the requirements of the federal state educational standards of higher education of the latest generation.
For students and undergraduates of law schools and faculties studying under the programs of specialized training of investigative workers. It may also be of interest to the teaching staff of universities as a methodological support for training programs for specialists in various fields of law enforcement activity.
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Stokke, Andreas. What is Said. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825968.003.0004.
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This chapter provides a new theory of the notion of what is said that is central to the book’s account of assertion, and hence of lying. It argues that what is said by utterances, in context, is relative to discourse structure, in particular, to socalled questions under discussion. The chapter shows that utterances of the same declarative sentence can be used to say, and hence assert, different things relative to which question is being addressed. In turn, the same declarative utterance may be a lie relative to one question under discussion and merely misleading relative to another question under discussion. Discourse-insensitive accounts of what is said fail to capture the lying-misleading distinction. A semantics for questions is provided and is employed in a detailed definition of what is said relative to questions under
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Stokke, Andreas. The Difference between Lying and Misleading. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825968.003.0005.
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The notions of what is said and assertion, as relative to questions under discussion, are used to provide an account of the lying-misleading distinction. The chapter argues that utterances are sometimes interpreted relative to the so-called Big Question, roughly paraphrased by “What is the world like?” This observation is shown to account for the fact that, when conveying standard conversational implicatures, what is asserted is likewise proposed for the common ground. The chapter applies the resulting account of the lying-misleading distinction to ways of lying and misleading with incomplete predicates, possessives, presuppositions, pronouns, and prosodic focus. A formal notion of contextual questionentailment is defined which shows when it is possible to mislead with respect to a question under discussion while avoiding outright lying.
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Gaffney-Rhys, Ruth. 8. The Law Relating to Children:. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715757.003.0008.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s.8 of the Children Act 1989, the welfare principle and the Welfare Checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.
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Velleman, Leah, and David Beaver. Question-based Models of Information Structure. Edited by Caroline Féry and Shinichiro Ishihara. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199642670.013.29.
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We present approaches to the semantics and pragmatics of information structure which centre on Questions Under Discussion (QUDs). Questions, explicit or implicit, are seen as structuring discourse, and information structural marking is seen as reflecting that underlying discourse structure. Our presentation of the model is largely cast in terms of extensions of Roberts’s (2012b) analysis, which is itself related to Rooth’s (1985/1992) Alternative Semantics and Hamblin’s (1973) approach to the semantics of questions. We present the model in terms of a range of constraints that relate information structure to discourse structure, notably constraints on the ‘Relevance’ of utterances, on the ‘Congruence’ of answers to questions, and on the ‘Availability’ of discourse antecedents. We discuss the application of the approach to the interpretation of focus and some cases of contrastive topics, to discourse structure, to the interpretation of focus sensitive operators, and to certain cases of presupposition projection.
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Stokke, Andreas. Bullshitting and Indifference Toward Truth. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825968.003.0006.
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This chapter discusses the phenomenon of bullshitting, traditionally understood as utterances made by speakers who are indifferent toward the truth or falsity of what they say. It argues that indifference toward truth is a more differentiated phenomenon than originally proposed by such accounts. A way of understanding indifference toward truth in terms of indifference toward inquiry and questions under discussion is introduced. The chapter criticizes attempts to characterize bullshitting in terms of Gricean Quality maxims. It shows that speakers may be indifferent toward truth in the sense of being indifferent toward contributing true answers to questions under discussion while caring about the truth-value of their particular assertions. This view is applied to phenomena such as evasion and changing the topic, and argues that lying and bullshitting may sometimes be used to advance inquiry.
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Büring, Daniel. (Contrastive) Topic. Edited by Caroline Féry and Shinichiro Ishihara. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199642670.013.002.
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This chapter discusses the semantics and pragmatics of contrastive topics vis-à-vis focus. A semi-formal characterization of its main properties is given, using the techniques of alternative semantics and questions under discussion. This treatment is compared to various analyses proposed in the literature for contrastive topics and arguably related constructions, such as the English rise–fall–rise contour. Finally a brief discussion of non-contrastive topics is provided.
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Bailey, Doug. Cutting Skin. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611873.003.0002.
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This chapter provides a detailed description, discussion, and interpretation of the performance artist Ron Athey’s 1994 show 4 Scenes in a Harsh Life, and the controversy that it caused at local, national, and international levels. Discussion places that performance in the contexts of Athey’s other work, and the broader practice of performance art of the body, and then argues for the relevance of the Athey work for understanding the Neolithic pit-houses at Neolithic Măgura. Primary articulations of relevance are the previously under-represented role of the digger-as-performer, of the audience-as-witness and spectator, and of visibility and ephemera in performance. The chapter ends with a discussion about types of questions that we might now ask about pit-house sites such as Măgura.
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Ben-Shalom, Ram. Medieval Jewry In Christendom. Edited by Martin Goodman. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199280322.013.0008.
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This article begins in the early Middle Ages, and specifically addresses questions concerning the economic and political situation of Jewry in Western Europe. The period of the high Middle Ages follows, with a focus on developments in community life and the character of Jewish society. The discussion considers the Jewish foundation myths that were born in the twelfth century in an attempt to explain and interpret the social and cultural changes of the time. It examines the nature of the interaction and the form of discourse that characterized the medieval relations between a Christian majority and a Jewish minority culture. It also describes the legal status of the Jews in Western Europe and the Byzantine Empire. The article also discusses Jewish life in Spain, since, for a significant segment of the period under study, Spain was under Muslim rule.
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Egorova, Yulia. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199856237.003.0001.
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The chapter outlines the research questions to be explored in the book and reflects on the main bodies of academic literature that the discussion subsequently draws on. It suggests that the book uses the South Asian context to pursue two separate but co-dependent strands of analysis, as it both focuses on the conceptual relationship between notions of Jewishness and meanings assigned to being Muslim on the subcontinent, and explores the diverse incarnations of interactions that could be broadly described under the rubric of Jewish-Muslim relations, putting the growing literature on this topic in dialogue with academic interventions interrogating anti-Semitism, Islamophobia, and their overlapping histories.
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Paul, Torremans. Part II Preliminary Topics, 4 The Incidental Question. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0004.
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This chapter examines the issue of incidental question from a choice of law perspective. A case involving private international law may place a subsidiary issue, as well as a main question, before the court. The main issue should, under the English rules of private international law, be governed by a foreign law. This chapter first explains what an incidental question is before discussing its essential elements. It then considers two cases that illustrate the way in which an incidental question arises: Lawrence v Lawrence in England and Schwebel v Ungar in Canada. It also proposes a coherent and predictable approach for dealing with the incidental question and concludes with an overview of a problem related to that of the incidental question — dépeçage or ‘picking and choosing’.
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Stokke, Andreas. Bullshitting and Lying. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825968.003.0007.
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This chapter extends the analysis of bullshitting from the last chapter to provide an account of the difference between bullshitting and lying. It distinguishes between different kinds of lying. The difference between ordinary lying and Augustinian real lying is explained. The chapters shows that while there is a sense in which ordinary liars are indifferent toward whether their assertions are true or false answers to questions under discussion, such speakers are nevertheless clearly distinguishable from bullshitters. The chapter uses these observations to argue that while lying and bullshitting are not incompatible, most lying is not bullshitting. Both the ordinary liar and the Augustinian real liar are concerned with truth-values, albeit in different ways, while the bullshitter is indifferent toward truth and falsity.
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Chalabi, Azadeh. Phases of Human Rights Action Planning in Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198822844.003.0008.
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Chapter 7 focuses on the four phases of national human rights action planning in practice. In the preparatory phase, it suggests the idea of establishing a national network of different stakeholders for implementing human rights and discusses the five key elements of a comprehensive baseline study before proceeding with the eleven elements of an effective action plan in the development phase. In the implementation phase, Chapter 7 addresses the questions as to how to cope with ‘complex situations’ when different factors external to the plan and not often under its control negatively influence its performance, and how to enhance a plan’s sustainability over time. This chapter ends with a discussion of six types of accountability mechanisms and a seven-feature model of assessment along with some suggestions on methodological techniques for planning.
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Charles, David. Aristotle on Agency. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199935314.013.6.
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This essay attempts to answer three questions about Aristotle’s account of agency: (1) What is an action? (2) Under what conditions is an action voluntary or intentional? (3) What is the relation between an agent and an action when he or she acts voluntarily? This article focuses on those actions that are processes, taking as its starting point Aristotle’s account of processes and capacities in the Physics to suggest that this account underlies his discussion of actions there and elsewhere. In the second part, it is argued that, in the Nicomachean Ethics Aristotle, is concerned with analyzing intentional action in terms of an agent’s capacities (or skills) and their desired goals and knowledge. The final part of the essay contrasts Aristotle’s views of agency with some recent proposals in the philosophy of action.
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Subramaniam, Banu, ed. My Experiments with Truth. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038655.003.0006.
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This chapter focuses on biological invasions and presents one example of how we can experiment with an interdisciplinary repertoire of research questions, methods, and epistemologies to produce knowledge about the biological world—in short, an experiment about experimenting. The experiment under discussion is a collaborative project based in Southern California, where human-made disturbance has a very long and destructive history. Here, arbuscular mycorrhizal (AM) fungi and their role in plant ecology are observed within the environmental contexts of growth, especially the soil communities of plants. Mycorrhizal fungi and their relationship with native and exotic plant species offer a great context for a science/science studies project, and this work on fungi that were in “mutualistic” relationships also challenged the role of competition as the critical driver of ecology and evolution of plants.
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Monaghan, Nicola. 12. Drugs offences. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0012.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the main drugs offences found under the Misuse of Drugs Act 1971. It begins with a discussion of the offence of possession of a controlled drug, and examines the meaning of the terms ‘possession’ and ‘controlled drug’, before exploring defences to specific drug offences. It considers the offences of possession of a controlled drug with intention to supply that drug to another, production of controlled drugs, supply of controlled drugs, and the offence of an occupier or someone concerned in the management of premises knowingly permitting the premises to be used for certain drug-related activities. Finally, it explores proposals to criminalise the use of ‘legal highs’.
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Henrich-Franke, Christian, Claudia Hiepel, Guido Thiemeyer, and Henning Türk, eds. Grenzüberschreitende institutionalisierte Zusammenarbeit von der Antike bis zur Gegenwart. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748901501.
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This volume contributes to the broadening of perspectives on international history, which have mainly focused on state forms of international cooperation in the 19th and 20th centuries so far. The volume questions ideas and theoretical models that are guided by methodological nationalism. Instead, it integrates studies under the concept of cross-border cooperation (grenzüberschreitende Zusammenarbeit) that deal with other epochs as well as non-state forms of cooperation. The individual essays take the governance approach into account, which is suitable because of its openness towards problems regarding interdependency, thus offering a broader perspective for discussion. This volume addresses historians, political scientists and social scientists who conduct research into cross-border cooperation. With contributions by Kilian Baur, Sonja Dolinsek, Saskia Geisler, Christian Henrich-Franke, Claudia Hiepel, Nicola Jahn, Sabrina Kirschner, Jan Musekamp, Mechthild Roos, Sebastian Scharff, Korinna Schönhärl, Magda Schwandt, Martina Sochin-D’Elia, Guido Thiemeyer, Henning Türk, Jonathan Voges
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Mastroianni, George R. The Psychology of the Holocaust in Perspective. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190638238.003.0012.
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Chapter 12 attempts to address the questions many of us ask about the behavior of perpetrators and others during the Holocaust in light of the material presented in the preceding eleven chapters. Is the potential for genocidal behavior universal? Could anyone become a mass murderer under the right circumstances? Is the potential for genocide greater in more modern societies? Of Mind and Murder is not intended to offer definitive answers to any of these questions but to hopefully summarize and contextualize much previous work on the psychology of the Holocaust in ways that might stimulate fruitful discussions of these and other important questions.
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Heaney, Michael T., and James M. Strickland. A Network Approach to Interest Group Politics. Edited by Jennifer Nicoll Victor, Alexander H. Montgomery, and Mark Lubell. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780190228217.013.17.
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Interest groups often serve as intermediaries or brokers between formal decision-making institutions and organized subgroups of society. Due to this positioning, key functions of interest groups can be understood in network terms. This chapter addresses five questions about interest groups to which network analysis offers answers: (1) What are the origins of interest groups?; (2) How do they develop, maintain, and change their identities over time?; (3) Under what conditions do groups work together, and how?; (4) How do interest groups relate to other political institutions?; and (5) What influence do they have on politics generally? The discussion highlights various effects of networks on interest group politics, including how new groups are born out of preexisting networks, how they use connections to access information and influence policy, and how they maintain long-term relationships with policymakers. Future research could benefit from greater attention to multiplexity, content analysis, and longitudinal network analysis.
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Jackson, Nicola. Essential Cases: Contract Law 3e. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780191897672.001.0001.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.
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Jackson, Nicola. Essential Cases: Contract Law. 2nd ed. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780191883750.001.0001.
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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.
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Jackson, Nicola. Essential Cases: Contract Law. 4th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780191926426.001.0001.
Full textAbstract:
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.
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Williams, James. Darwin’s Theological Virtues. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198737827.003.0010.
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This chapter considers the ethical dimensions of Darwin’s style under the headings of the theological virtues: faith, hope, and charity. It argues that style, as the manner in which prose conducts itself, is analogous to virtue in something like the sense that ‘virtue ethics’ has described the term, the shape or telos of a way of life or behaviour. This approach to Darwin both sheds light on the natural and instinctual forms of his thought and permits us to grapple with a traditional problem for both evolution and literary criticism: the question of design. While no claim is made for Darwin as a Christian or religious writer and the ‘theological virtues’ are redescribed in intellectual and secular terms, the chapter ends by discussing some of the traces in Darwin’s style of the ethical questions it inherited from Scripture and theology.
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SI, Strong. I Preliminary Matters, 1 Introduction: Global Developments in Trust Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0001.
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This introductory chapter provides an overview of the book’s main themes. This book discusses the current state of internal trust arbitration around the world and analyzes relevant issues as a matter of both national and international law. Contributions come from specialists in both trust law and arbitration law, thereby improving the dialogue between the two disciplines and helping courts, legislatures, parties, and practitioners from around the world to appreciate whether and to what extent internal trust arbitration disputes are or can become arbitrable in their home jurisdictions. The book is organized as follows. Section I discusses several preliminary matters, including the challenges facing internal trust arbitration. Section II considers internal trust arbitration from an institutional perspective. Section III looks at internal trust arbitration from various national perspectives. Section IV turns to various questions arising under international law. Section V presents a cross-disciplinary and cross-cultural analysis that attempts to bring together the various strands of discussion and identify how internal trust arbitration is likely to develop in the coming years.
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Sherwood, Dennis, and Paul Dalby. Phase equilibria. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782957.003.0015.
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This chapter extends the discussion of gas phase equilibria to phase equilibria. The central concept is the vapour pressure, and the key proof is that the criterion for phase equilibrium is the equality of the molar Gibbs free energies, or chemical potentials, of each phase. This then leads to the Clapeyron and Clausius-Clapeyron equations. A notable feature of this chapter is the discussion of non-ideal gases, answering the question “Given that, by definition, an ideal gas can never liquefy, what is it about a real gas that enables the gas to change phase into a liquid?”. A unique feature of this discussion is the rigorous analysis of the Gibbs free energy of a van der Waals gas under compression, and the proof of the ‘Maxwell construction’.
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Feest, Uljana, and Friedrich Steinle. Experiment. Edited by Paul Humphreys. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199368815.013.16.
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The authors provide an overview of philosophical discussions about the roles of experiment in science. First, they cover two approaches that took shape under the heading of “new experimentalism” in the 1980s and 1990s. One approach was primarily concerned with questions about entity realism, robustness, and epistemological strategies. The other has focused on exploratory experiments and the dynamic processes of experimental research as such, highlighting its iterative nature and drawing out the ways in which such research is grounded in experimental systems, concepts and operational definitions. Second, the authors look at more recent philosophical work on the epistemology of causal inference, in particular highlighting discussions in the philosophy of the behavioral and social sciences, concerning the extrapolation from laboratory contexts to the world.
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Sennet, Adam. Presupposition Triggering and Disambiguation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198791492.003.0005.
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In this essay, we will consider the prospects for recent Gricean theories concerning presupposition triggering. Gricean explanations of presupposition triggering tend to ground triggering in principles concerning the question under discussion or the topic of the sentence. This presents a challenge to the general anti-Gricean conventional approach advocated by Lepore and Stone. We will argue against Gricean approaches and for a conventionalist model. We will also consider how approaches to the phenomena that have motivated Neo-Griceans to posit unarticulated constituents fare on such an approach to presupposition triggering.
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Gaisbauer, Helmut, Gottfried Schweiger, and Clemens Sedmak, eds. Absolute Poverty in Europe. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781447341284.001.0001.
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This book examines absolute poverty in Europe, which is at the moment fairly neglected in academic and policy discourse. It opens with conceptual and methodological considerations that prepare the ground for an application of the concept of absolute poverty in the context of affluent societies and analyses shortcomings of social statistics as well as possibilities to include highly vulnerable groups. This includes thoughts on ethics of research in this particular field where people live under severe circumstances and research can make a difference. The book sheds light on crucial dimensions of deprivation and social exclusion of people in absolute poverty in affluent societies: access to health care, housing and nutrition, poverty related shame and violence. After conceptual and practical issues, the book investigates into different policy responses to absolute poverty in affluent societies from social policy concerns to civic organizations, e. g. food donations, and penalisation and “social cleansing” of highly visible poor. The book finally frames this discussion by profound ethical considerations and normative reasoning about absolute poverty and its alleviation, how it is related to concerns of justice/injustice as well as human dignity. Furthermore, it questions the power and importance of human rights and their judicial protection in regard of persons in absolute poverty.
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Paul, Torremans. Part III Jurisdiction, Foreign Judgments and Awards, 13 Stays and the Management of Parallel Proceedings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0013.
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This chapter explores the question of stays of proceedings and how the English courts deal with parallel proceedings. It first considers two related issues that arise from the frequent possibility that proceedings could be brought in England or in a foreign court: first, whether the English courts should exercise jurisdiction if a foreign court would be better placed to resolve the dispute and second, what should happen if proceedings are or might be commenced both in a foreign court and in the English courts. The chapter then examines stays of English proceedings under the common law and the issue of the anti-suit injunction before discussing parallel proceedings under the Brussels I Recast, focusing on lis pendens and related actions, as well as stays of proceedings under the Brussels I Recast. It also explains the discretion to restrain foreign proceedings under the Brussels I Recast.
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Stokke, Andreas. Shallow Insincerity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825968.003.0009.
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This chapter argues for a shallow conception of insincerity. It argues that whether an utterance is insincere depends on the speaker’s conscious attitudes toward what is communicated as well as on his or her conscious intentions in making the utterance. Various ways of speaking spontaneously and of speaking without thinking are considered. A broad characterization of insincerity for declarative utterances is set out, according to which a declarative utterance is when it is made without a conscious intention to contribute an answer to a question under discussion that corresponds to one’s conscious attitudes, while avoiding communicating false information in the process.
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Stokke, Andreas. Lying and Insincerity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825968.001.0001.
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This book is a comprehensive study of lying and insincere language use. Part I is dedicated to developing an account of insincerity qua linguistic phenomenon. It provides a detailed theory of the distinction between lying and ways of speaking insincerely without lying, as well as accounting for the relation between lying and deceiving. A novel theory of assertion in terms of a notion of what is said defined relative to questions under discussion is used to underpin the analysis of lying and insincerity throughout the book. The framework is applied to various kinds of insincere speech, including false implicature, bullshitting, and forms of misleading with presuppositions, prosodic focus, and different types of semantic incompleteness. Part II discusses the relation between what is communicated and the speaker’s attitudes involved in insincere language use. It develops a view on which insincerity is a shallow phenomenon in the sense that whether or not a speaker is being insincere depends on the speaker’s conscious attitudes, rather than on deeper, unconscious attitudes or motivations. An account of a range of ways of speaking while being indifferent toward what one communicates is developed, and the phenomenon of bullshitting is distinguished from lying and other forms of insincerity. This includes insincere uses of language beyond the realm of declarative sentences. The book gives an account of insincere uses of interrogative, imperative, and exclamative utterances.
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Materstvedt, Lars Johan, and Georg Bosshard. Euthanasia and palliative care. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199656097.003.0107.
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This chapter focuses on the particular relationship and interconnections between euthanasia and palliative care. Selected key data on assisted dying are presented. Of central importance is the question of how requests for assisted dying should be handled within palliative care, and as part of addressing this question the chapter includes a discussion of the practice in Belgium, where euthanasia is performed within palliative care institutions. Furthermore, the chapter presents the Swiss model, which practises a much clearer separation between assisted dying and both palliative care and clinical medical practice. Statements on assisted dying made by key palliative care organizations are then presented and analysed. The chapter asks whether the palliative care community will be more accepting of euthanasia in the future, following potential new legislation. The concluding remarks consider the current reluctance of doctors to participate, and the pressures they are under to accept a role, in assisted dying.
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Huang, Yan. Pre-semantic pragmatic enrichment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198714217.003.0008.
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This chapter aims to show how long-distance reflexivization (LDR) is pragmatically enriched through the author’s version of neo-Gricean pragmatic theory of anaphora. By LDR is meant the phenomenon whereby a reflexive can be bound outside its local syntactic domain, which has long been posing serious problems for Chomsky’s generative syntactic theory. Unlike in English, where LDR is normally not allowed, LDR occurs in a wide range of the world’s languages as structurally and typologically diverse as Chinese, Icelandic, and modern Greek. The chapter considers the three distinct but related functions of a long-distance reflexive, namely contrastiveness/emphaticness, logophoricity, and de se attribution. Finally it consider the question of what the pragmatic intrusion under discussion is. Data are drawn from a variety of languages.
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George, Walker, Purves Robert, and Blair Michael. Part III Financial Sectors and Activities, 19 Retail Investment Firms. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793809.003.0019.
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This chapter examines the UK regulatory framework governing retail investment firms. It begins with a discussion of financial scandals related to mis-selling of pensions, mortgage endowments and payment protection insurance. It then considers the changing regulatory environment for investment business, the general principles of conduct for investment firms, and the question of whether a representative or intermediary is under a duty to provide accurate or adequate information or has a duty to advise as to the suitable course of conduct. It also analyses the relevant provisions spelled out in the Conduct of Business Sourcebook (COBS) and the Markets in Financial Instruments Directive before concluding with an analysis of the effect of the legal ‘cut-over’ from the Financial Services Authority to the Financial Conduct Authority (FCA).
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Ussishkin, Daniel. The Sources of Collective Action. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190469078.003.0004.
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Chapter 3 demonstrates how during the long nineteenth century the subject of moral forces in battle assumed a central position within tactical and theoretical discourses on war. It suggests that during the final decades of the century these moral forces were largely subsumed under the new concept of morale. On a theoretical level, the chapter grapples with the question of historicity, change, and continuity in the discussion of moral forces, and then explores the ways in which this new concept now linked cohesion and discipline on the field to the fate of a modern, imperial, civil society. The formulation of this new territory did not yet signify a shift in the articulation of conduct, but provided for a new military social imaginary.
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Earnshaw, Steven. The existential drinker. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9780719099618.001.0001.
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Drinking to excess has been a striking problem for industrial and post-industrial societies – who is responsible when a ‘free’ individual opts for a slow suicide? The causes of such drinking have often been blamed on heredity, moral weakness, ‘disease’ (addiction), hedonism, and Romantic illusion. Yet there is another reason which may be more fundamental and which has been overlooked or dismissed, and it is that the drinker may act with sincere philosophical intent. The Existential drinker looks at the convergence of a new kind of excessive, habitual drinking, beginning in the nineteenth century, and a new way of thinking about the self which in the twentieth century comes to be labelled ‘Existential’. A substantial introduction covers questions of self, will, consciousness, authenticity and ethics in relation to drinking, while introducing aspects of Existential thought pertinent to the discussion. The Existential-drinker canon is anchored in Jack London’s ‘alcoholic memoir’ John Barleycorn (1913) where London claims he can get at the truth of existence only through the insights afforded by excessive and repeated alcohol use. The book then covers drinker-texts such as Jean Rhys’s interwar novels, Malcolm Lowry’s Under the volcano, Charles Jackson’s The lost weekend and John O’Brien’s Leaving Las Vegas, along with less well-known works such as Frederick Exley’s A fan’s notes, Venedikt Yerofeev’s Moscow-Petushki, and A. L. Kennedy’s Paradise. The book will appeal to anybody with an interest in drinking and literature, as well as those with more specialised concerns in drinking studies, Existentialism, twentieth-century literature, and medical humanities.
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Christine, Gray. International Law and the Use of Force. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808411.001.0001.
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This book explores the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge: Russia’s invasion of Georgia and intervention in Ukraine, the USA’s military operations in Syria, and Saudi Arabia’s campaign to restore the government of Yemen by force all raise questions about the law on intervention. The ‘war on terror’ that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan, leading to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of ‘responsibility to protect’, but it also provoked criticism for exceeding the Security Council’s authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states, but UN peacekeeping is not suited to counter-terrorism or enforcement operations. The UN now turns to regional organizations as first responders in situations of ongoing armed conflict.
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Michaelson, Eliot. The Lies We Tell Each Other Together. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198743965.003.0010.
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A great deal of attention has been directed at the question of what exactly is required for an utterance to count as a lie. At the center of recent discussion stand bald-faced lies, which have proven to be remarkably resistant to philosophical analysis. This chapter focuses on a related, yet curiously under-explored, set of cases: lies that we construct together, as friends, families, colleagues, and communities. This sort of lie exhibits a degree of moral and linguistic complexity not found in more standard examples of lying. That moral complexity will ultimately put pressure on the enduring thesis that the distinctive wrong of lying is that it threatens to undermine the potential for communication. The linguistic complexity, in contrast, will stand as a challenge to standard theories of conversational dynamics.
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Gilmore, Stephen, and Lisa Glennon. Hayes & Williams' Family Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811862.001.0001.
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Hayes and Williams’ Family Law, now in its sixth edition, provides critical and case-focused discussion of the key legislation and debates affecting adults and children. The volume takes a critical approach to the subject and includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. The introductory chapter within this edition provides a discussion of the law’s understanding of ‘family’ and the extent to which this has changed over time, a detailed overview of the meaning of private and family life within Article 8 of the ECHR, and a discussion of the Family Justice Review and subsequent developments. Part 1 of this edition, supplemented by the ‘Latest Developments’ section, outlines the most up-to-date statistics on the incidence of marriage, civil partnerships and divorce, discusses recent case law on the validity of marriage such as Hayatleh v Mofdy [2017] EWCA Civ 70 and K v K (Nullity: Bigamous Marriage) [2016] EWHC 3380 (Fam), and highlights the recent Supreme Court decision (In the Matter of an Application by Denise Brewster for Judicial Review (Northern Ireland) [2017] 1 WLR 519) on the pension rights of unmarried cohabitants. It also considers the litigation concerning the prohibition of opposite-sex civil partnership registration from the judgment of the Court of Appeal in Steinfeld and Keidan v Secretary of State for Education [2017] EWCA Civ 81 to the important decision of the Supreme Court in R (on the application of Steinfeld and Keidan) (Application) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32. This edition also provides an in-depth discussion of the recent Supreme Court decision in Owens v Owens [2018] UKSC 41 regarding the grounds for divorce and includes discussion of Thakkar v Thakkar [2016] EWHC 2488 (Fam) on the divorce procedure. Further, this edition also considers the flurry of cases in the area of financial provision on divorce such as Waggott v Waggott [2018] EWCA Civ 722; TAB v FC (Short Marriage: Needs: Stockpiling) [2016] EWHC 3285; FF v KF [2017] EWHC 1903 (Fam); BD v FD (Financial Remedies: Needs) [2016] EWHC 594 (Fam); Juffali v Juffali [2016] EWHC 1684 (Fam); AAZ v BBZ [2016] EWHC 3234 (Fam); Scatliffe v Scatliffe [2016] UKPC 36; WM v HM [2017] EWFC 25; Hart v Hart [2017] EWCA Civ 1306; Sharp v Sharp [2017] EWCA Civ 408; Work v Gray [2017] EWCA Civ 270, and Birch v Birch [2017] UKSC 53. It also considers the recent decision of the Supreme Court in Mills v Mills [2018] UKSC 38 concerning post-divorce maintenance obligations between former partners, and the Privy Council decision in Marr v Collie [2017] UKPC 17 relating to the joint name purchase by a cohabiting couple of investment property.Part 2 focuses on child law, examining the law on parenthood and parental responsibility, including the parental child support obligation. This edition includes discussion of new case law on provision of child maintenance by way of global financial orders (AB v CD (Jurisdiction: Global Maintenance Orders)[2017] EWHC 3164), new case law and legislative/policy developments on section 54 of the Human Fertilisation and Embryology Act 2008 (parental orders transferring legal parenthood in surrogacy arrangements), and new cases on removing and restricting parental responsibility (Re A and B (Children: Restrictions on Parental Responsibility: Radicalisation and Extremism) [2016] EWFC 40 and Re B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam)). Orders regulating the exercise of parental responsibility are also examined, and this edition updates the discussion with an account of the new Practice Direction 12J (on contact and domestic abuse), and controversial case law addressing the tension between the paramountcy of the child’s welfare and the protected interests of a parent in the context of a transgender father’s application for contact with his children (Re M (Children) [2017] EWCA Civ 2164). Part 2 also examines the issue of international child abduction, including in this edition the Supreme Court’s latest decision, on the issue of repudiatory retention (Re C (Children) [2018] UKSC 8). In the public law, this edition discusses the Supreme Court’s clarification of the nature and scope of local authority accommodation under section 20 of the Children Act 1989 (Williams v London Borough of Hackney [2018] UKSC 37). In the law of adoption, several new cases involving children who have been relinquished by parents for adoption are examined (Re JL & AO (Babies Relinquished for Adoption),[2016] EWHC 440 (Fam) and see also Re M and N (Twins: Relinquished Babies: Parentage) [2017] EWFC 31, Re TJ (Relinquished Baby: Sibling Contact) [2017] EWFC 6, and Re RA (Baby Relinquished for Adoption: Final Hearing)) [2016] EWFC 47).
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Fu, Huaxiang. Unusual properties of nanoscale ferroelectrics. Edited by A. V. Narlikar and Y. Y. Fu. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199533053.013.19.
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This article describes the unusual properties of nanoscale ferroelectrics (FE), including widely tunable polarization and improved properties in strained ferroelectric thin films; polarization enhancement in superlattices; polarization saturation in ferroelectric thin films under very large inplane strains; occurrence of ferroelectric phase transitions in one-dimensional wires; existence of the toroidal structural phase in ferroelectric nanoparticles; and the symmetry-broken phase-transition path when one transforms a vortex phase into a polarization phase. The article first considers some of the critical questions on low-dimensional ferroelectricity before discussing the theoretical approaches used to determine the properties of ferroelectric nanostructures. It also looks at 2D ferroelectric structures such as surfaces, superlattices and thin films, along with 1D ferroelectric nanowires and ferroelectric nanoparticles.
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Coope, Ursula. Freedom and Responsibility in Neoplatonist Thought. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198824831.001.0001.
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The Neoplatonists have a perfectionist view of freedom: an entity is free to the extent that it succeeds in making itself good. Free entities are wholly in control of themselves: they are self-determining, self-constituting, and self-knowing. Neoplatonist philosophers argue that such freedom is only possible for nonbodily things. The human soul is free insofar as it rises above bodily things and engages in intellection, but when it turns its desires to bodily things, it is drawn under the sway of fate and becomes enslaved. This book discusses this notion of freedom, and its relation to questions about responsibility. It explains the important role of notions of self-reflexivity in Neoplatonist accounts of both freedom and responsibility. Part I sets out the puzzles Neoplatonist philosophers face about freedom and responsibility and explains how these puzzles arise from earlier discussions. Part II looks at the metaphysical underpinnings of the Neoplatonist notion of freedom (concentrating especially on the views of Plotinus and Proclus). In what sense (if any) is the ultimate first principle of everything (the One) free? If everything else is under this ultimate first principle, how can anything other than the One be free? What is the connection between freedom and nonbodiliness? Part III looks at questions about responsibility, arising from this perfectionist view of freedom. Why are human beings responsible for their behaviour, in a way that other animals are not? If we are enslaved when we act viciously, how can we be to blame for our vicious actions and choices?
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Scott, Charlotte. ‘Time is chasing us’. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828556.003.0005.
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Moving into the late plays or romances, Chapter 5 engages the book’s central question: why are children so important and so unique to Shakespeare’s dramatic imagination? Focusing on the extraordinary collection of plays, including The Winter’s Tale, The Tempest, and Pericles, this chapter considers the formative impact of the child on Shakespeare’s stage. Thinking about memory and grief, loss and childhood, the section on The Winter’s Tale attends to the child as a young body but also as an adult’s memory of its former self. The focus in TheTempest is on servitude and teaching and the narratives of love through which parents justify power. In the section on Pericles, the chapter studies anxieties about incest and desire, redemption and hope. In all the plays under discussion here, the child becomes a unique and staggeringly assertive character of redemption as well as loss.
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Davis, George C., and Elena L. Serrano. Production and Profit Beyond the Farm Gate. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199379118.003.0013.
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Chapter 13 first looks at how changes at one level in the food supply chain may affect prices and quantities at another level via profit maximization. The chapter then considers firms that are closer to the consumer (e.g., restaurants) who will often be able to set their own prices and consider the analytics of profit maximization under this scenario. Utilizing this framework, the chapter considers the question: Are healthier foods more or less profitable than unhealthy foods? This leads naturally to a discussion of market segmentation, the limit of the market, and the distribution of healthy and unhealthy foods in the food system. As there are many calls for food firms to be more socially responsible and offer healthier foods, the chapter utilizes the framework to explore the implications of corporate social responsibility and how compatible that idea is with profit maximization.
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Damodaran, Sumangala. Protest and Music. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228637.013.81.
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The relationship between music and politics and specifically that between music and protest has been relatively under-researched in the social sciences in a systematic manner, even if actual experiences of music being used to express protest have been innumerable. Further, the conceptual analysis that has been thrown up from the limited work that is available focuses mostly on Euro-American experiences with protest music. However, in societies where most music is not written down or notated formally, the discussions on the distinct role that music can play as an art form, as a vehicle through which questions of artistic representation can be addressed, and the specific questions that are addressed and responded to when music is used for political purposes, have been reflected in the music itself, and not always in formal debates. It is only in using the music itself as text and a whole range of information around its creation—often, largely anecdotal and highly context dependent—that such music can be understood. Doing so across a whole range of non-Western experiences brings out the role of music in societal change quite distinctly from the Euro-American cases. Discussions are presented about the informed perceptions about what protest music is and should be across varied, yet specific experiences. It is based on the literature that has come out of the Euro-American world as well as from parts that experienced European colonialism and made the transition to post-colonial contexts in Asia, Africa, and Latin America.
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Paul, Torremans. Part V Family Law, 24 Financial Relief. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0024.
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This chapter examines three main questions of private international law that arise from petitions for financial relief: the jurisdiction of the English court; the power to order relief after a foreign divorce/dissolution, annulment or legal separation; and the recognition and enforcement of foreign decrees or orders in relation to financial relief. It first considers the jurisdiction of the English court under the general jurisdictional rules, the Brussels/Lugano system, Maintenance Regulation, and Lugano Convention before discussing the powers of the English court to grant financial relief after a foreign divorce/dissolution, annulment or legal separation. It also analyses the choice of law rules governing financial relief, along with the recognition and enforcement of foreign orders, and concludes with an overview of international initiatives such as the Hague Conference on Private International Law.
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Wacks, Raymond. 6. The death of privacy? Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780198725947.003.0006.
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Privacy is under attack from several quarters. The ‘war on terror’ has amplified this pressure. The Internet, increased surveillance, and sensationalist journalism seriously undermine individuals’ control over their private lives. Many advocates believe that the protection of privacy stands in need of urgent renewal. Has the Internet sounded privacy’s death knell? The rapid advance of information technology, especially the Internet, has generated widespread concern about protection of personal data, with many jurisdictions adopting data protection legislation. Ironically, technology generates both the malady and part of the cure. While the law is rarely an effective tool against the dedicated intruder, advances in protective software, along with fair information practices of the European Directive and laws of several jurisdictions, afford a rational and sound normative framework for the collection, use, and transfer of personal data. Some of these questions—likely to dominate 21st-century discussions of privacy—are considered in this concluding chapter.
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Petrova, Svetlana. Verb-initial declaratives in Old High German and in later German. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813545.003.0004.
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This chapter investigates the syntactic properties and the pragmatic behaviour of verb-initial declarative clauses in the history of German. The focus is on OHG because in this period, verb-initial declaratives represent a frequent, well-known alternative to canonical verb-second main clauses. It is argued that verb-initial declaratives are native in origin, and that they are derivable under a special interpretation of the verb-second rule. The main part of the chapter deals with the pragmatic properties of verb-initial declaratives in OHG, summarizing the various attempts at explaining the distribution of these orders and showing that further research is needed to arrive at a more adequate understanding of their function in the discourse. The chapter closes up with the discussion of the later development of verb-initial declaratives in German, sketching the controversial treatments of this question in the literature on German diachronic syntax.
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Kenny, Kate, Andrea Whittle, and Hugh Willmott. Organizational Identity. Edited by Michael G. Pratt, Majken Schultz, Blake E. Ashforth, and Davide Ravasi. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199689576.013.11.
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What is the role of power and politics in the construction of organizational identity? In this chapter we depart from existing approaches that tend to focus on overt displays of power, including observable conflicts and attempts to influence. We propose instead that yet more subtle and insidious exercises of power can impact upon the enactment of organizational identity, shaping answers to questions such as “who are we?” In making our claims, we draw on ideas from Lukes, Foucault, and Laclau and Mouffe, influential social and political theorists who have to date remained under-utilized in the study of organizational identity. Developing this approach, we present a framework for examining how relations of domination and exploitation can become naturalized through constructions of organizational identity, and we conclude by discussing the contribution of this approach for the field of organization identity.
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Lee, Cheol-Sung, and In-Hoe Koo. The Welfare States and Poverty. Edited by David Brady and Linda M. Burton. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199914050.013.32.
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This article examines the impact of welfare states on poverty reduction. It considers how different welfare regimes have reacted to help stressed populations, especially the poor, and how welfare states in developing countries protect their less capable populations under the pressures of globalization and postindustrial economic transformation. To address these questions, the article reviews existing theoretical and empirical literature on welfare states and poverty. It first describes three welfare state typologies in terms of skill and employment provisions before discussing the issues of targeting and encompassing welfare institutions. It then explores the redistributive policies of welfare states and how demographic transformations affect poverty. It also assesses the effects of two different types of welfare regimes observed in developing countries—productivist and protectionist welfare regimes—on poverty outcomes. Finally, it analyzes which configurations of social policies reduce poverty more effectively.
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Arvind P, Datar. Part V Federalism, Ch.27 Inter-State Trade, Commerce, and Intercourse. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0027.
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This chapter examines the trade, commerce, and intercourse clauses in the Indian Constitution. Part XIII of the Indian Constitution consists of Articles 301 to 305 and encompasses ‘Trade, Commerce and Intercourse within the territory of India’. The focus of this chapter is on the controversy surrounding compensatory taxes. It first compares the Indian framework with Australian law on trade, commerce, and intercourse, before discussing the controversy over compensatory tax that began with Section 3 of the Assam Taxation (On Goods Carried by Roads or Inland Waterways) Act 1954 and whether the concept of compensatory tax has a place in Indian constitutional law. It then considers the Indian Supreme Court ruling in the Atiabari and Automobile Transport cases and concludes by analysing unresolved questions, such as whether the imposition of entry tax levied under Entry 52, List II, violates Article 301.