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What's Wrong with Rights?

What's Wrong with Rights?

Nigel Biggar

Oxford University Press
2020
sidottu
Are natural rights 'nonsense on stilts', as Jeremy Bentham memorably put it? Must the very notion of a right be individualistic, subverting the common good? Should the right against torture be absolute, even though the heavens fall? Are human rights universal or merely expressions of Western neo-imperial arrogance? Are rights ethically fundamental, proudly impervious to changing circumstances? Should judges strive to extend the reach of rights from civil Hamburg to anarchical Basra? Should judicial oligarchies, rather than legislatures, decide controversial ethical issues by inventing novel rights? Ought human rights advocates learn greater sympathy for the dilemmas facing those burdened with government? These are the questions that What's Wrong with Rights? addresses. In doing so, it draws upon resources in intellectual history, legal philosophy, moral philosophy, moral theology, human rights literature, and the judgments of courts. It ranges from debates about property in medieval Christendom, through Confucian rights-scepticism, to contemporary discussions about the remedy for global hunger and the justification of killing. And it straddles assisted dying in Canada, the military occupation of Iraq, and genocide in Rwanda. What's Wrong with Rights? concludes that much contemporary rights-talk obscures the importance of fostering civic virtue, corrodes military effectiveness, subverts the democratic legitimacy of law, proliferates publicly onerous rights, and undermines their authority and credibility. The solution to these problems lies in the abandonment of rights-fundamentalism and the recovery of a richer public discourse about ethics, one that includes talk about the duty and virtue of rights-holders.
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Blackstone's EU Treaties & Legislation

Blackstone's EU Treaties & Legislation

Nigel Foster

Oxford University Press
2023
nidottu
Unsurpassed in authority, reliability and accuracy; Blackstone's Statutes, trusted by students for over 30 years. Celebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability and authority, they remain first-choice for students and lecturers, providing a careful selection of up-to-date legislation for exams and course use. - Clear and easy-to-use, helping you find what you need instantly - Edited by experts and covering all the key legislation needed for EU law courses, so you can use alongside your textbook to ensure you approach your assessments with confidence - Unannotated legislation - perfect for exam use - Also available as an e-book with functionality and navigation features
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Blackstone's EU Treaties & Legislation

Blackstone's EU Treaties & Legislation

Nigel Foster

Oxford University Press
2024
nidottu
Unsurpassed in authority, reliability and accuracy; Blackstone's Statutes, trusted by students for over 30 years. Celebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability and authority, they remain first-choice for students and lecturers, providing a careful selection of up-to-date legislation for exams and course use. - Clear and easy-to-use, helping you find what you need instantly - Edited by experts and covering all the key legislation needed for EU law courses, so you can use alongside your textbook to ensure you approach your assessments with confidence - Unannotated legislation - perfect for exam use - Also available as an e-book with functionality and navigation features
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Blackstone's EU Treaties & Legislation

Blackstone's EU Treaties & Legislation

Nigel Foster

Oxford University Press
2025
nidottu
Celebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability, and authority, they remain first-choice for students and lecturers, providing a careful selection of up-to-date legislation for exams and course use. - Clear and easy-to-use, helping you find what you need instantly - Edited by experts and covering all the key legislation needed for criminal law courses, so you can use alongside your textbook to ensure you approach your assessments with confidence - Unannotated legislation - perfect for exam use - Also available as an e-book
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The Treatment of Prisoners under International Law

The Treatment of Prisoners under International Law

Nigel Rodley; Matt Pollard

Oxford University Press
2009
sidottu
This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in the previous editions. Central to most of the chapters is the prohibition of torture and cruel, inhuman, or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.
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Democracy goes to War

Democracy goes to War

Nigel White

Oxford University Press
2009
sidottu
With the end of the Second World War a new world order arose based on the prohibition of military force in international relations, and yet since 1945 British troops have been regularly deployed around the globe: most notably to Korea, Suez, Cyprus, and the Falklands during the Cold War; and Kuwait, Bosnia, Kosovo, Afghanistan and Iraq since the fall of the Berlin Wall. British forces have been involved in many different capacities: as military observers, peacekeepers, peace-enforcers, state-builders and war-fighters. The decisions to deploy forces are political ones made within several constitutional frameworks, national, regional and international. After considering the various legal and institutional regimes, this book examines the decision to deploy troops from the perspective of international law. In its military interventions Britain has consistently tried to utilize international law to justify its actions, though often it argues against orthodox interpretation of the laws. In gauging whether its actions are in breach of international law we can again make judgments at different levels using various forms of accountability - from judicial fora (for example the International Court of Justice in The Hague or the European Court of Human Rights in Strasbourg), to political ones (the UN General Assembly in New York or the House of Commons in Westminster). While this book examines international and regional mechanisms, tumultuous debates on the Suez crisis, Afghanistan, Iraq and others in the House of Commons and its Committees are highlighted to show how international law impacts upon domestic politics. In considering whether democratic accountability is effective in upholding the principles of international law, this book throws new light on an old democracy, and thereby makes a contribution to the current reform proposals that are aimed at improving democratic decision-making.
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Free Speech

Free Speech

Nigel Warburton

Oxford University Press
2009
nidottu
'I disapprove of what you say, but I will defend to the death your right to say it' This slogan, attributed to Voltaire, is frequently quoted by defenders of free speech. Yet it is rare to find anyone prepared to defend all expression in every circumstance, especially if the views expressed incite violence. So where do the limits lie? What is the real value of free speech? Here, Nigel Warburton offers a concise guide to important questions facing modern society about the value and limits of free speech: Where should a civilized society draw the line? Should we be free to offend other people's religion? Are there good grounds for censoring pornography? Has the Internet changed everything? This Very Short Introduction is a thought-provoking, accessible, and up-to-date examination of the liberal assumption that free speech is worth preserving at any cost. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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German Legal System and Laws

German Legal System and Laws

Nigel Foster; Satish Sule

Oxford University Press
2010
nidottu
German Legal System and Laws provides a comprehensive introduction to the German legal system and the core areas of substantive law. Constitutional law is the foundation of German law and this area has been given fuller consideration in this fourth edition. The constitutional organs of state, basic rights and administrative law are all thoroughly explained. The text has been fully amended and updated with regard to a wealth of legislation and case law which has radically altered the course of German law with considerable attention being given to the development of private law. Also included are expanded and updated extracts from the Grundgesetz and fully revised glossaries of German legal terms.
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The Religious Condition of Ireland 1770-1850

The Religious Condition of Ireland 1770-1850

Nigel Yates

Oxford University Press
2006
sidottu
Nigel Yates provides a major reassessment of the religious state of Ireland between 1770 and 1850. He argues that this was both a period of intense reform across all the major religious groups in Ireland and also one in which the seeds of religious tension, which were to dominate Irish politics and society for most of the nineteenth and twentieth centuries, were sown. He examines in detail, from a wide range of primary sources, the mechanics of this reform programme and the growing tensions between religious groups in this period, showing how political and religious issues became inextricably mixed and how various measures that might have been taken to improve the situation were not politically or religiously possible.
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Enlightened Oxford

Enlightened Oxford

Nigel Aston

Oxford University Press
2023
sidottu
Enlightened Oxford aims to discern, establish, and clarify the multiplicity of connections between the University of Oxford, its members, and the world outside; to offer readers a fresh, contextualised sense of the University's role in the state, in society, and in relation to other institutions between the Williamite Revolution and the first decade of the nineteenth century, the era loosely describable (though not without much qualification) as England's ancien regime. Nigel Aston asks where Oxford fitted in to the broader social and cultural picture of the time, locating the University's importance in Church and state, and pondering its place as an institution that upheld religious entitlement in an ever-shifting intellectual world where national and confessional boundaries were under scrutiny. Enlightened Oxford is less an inside history than a consideration of an institutional presence and its place in the life of the country and further afield. While admitting the degree of corporate inertia to be found in the University, there was internal scope for members so inclined to be creative in their teaching, open new research lines, and be unapologetic Whigs rather than unrepentant Tories. For if Oxford was a seat of learning rooted in its past - and with an increasing antiquarian awareness of its inheritance - yet it had a surprising capacity for adaptation, a scope for intellectual and political pluralism that was not incompatible with enlightened values.
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Curiosity and the Aesthetics of Travel-Writing, 1770-1840

Curiosity and the Aesthetics of Travel-Writing, 1770-1840

Nigel Leask

Oxford University Press
2002
sidottu
The decades between 1770 and 1840 are rich in exotic accounts of the ruin-strewn landscapes of Ethiopia, Egypt, India, and Mexico. Yet it is a field which has been neglected by scholars and which - unjustifiably - remains outside the literary canon. In this pioneering book, Nigel Leask studies the Romantic obsession with these 'antique lands', drawing generously on a wide range of eighteenth- and nineteenth-century travel books, as well as on recent scholarship in literature, history, geography, and anthropology. Viewing the texts primarily as literary works rather than 'transparent' adventure stories or documentary sources, he sets out to challenge the tendency in modern academic work to overemphasize the authoritative character of colonial discourse. Instead, he addresses the relationship between narrative, aesthetics, and colonialism through the unstable discourse of antiquarianism, exploring the effects of problems of creditworthiness, and the nebulous epistemologicial claims of 'curiosity' (a leitmotif of the accounts studied here), on the contemporary status of travel writing. Attentive to the often divergent idioms of elite and popular exoticism, Curiosity and the Aesthetics of Travel Writing plots the transformation of the travelogue through the period, as the baroque particularism of curiosity was challenged by picturesque aesthetics, systematic 'geographical narrative', and the emergence of a 'transcendental self' axiomatic to Romantic culture. In so doing it offers an important reformulation of the relations between literature, aesthetics, and empire in the late Enlightenment and Romantic periods.
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Richard Hooker and Reformed Theology

Richard Hooker and Reformed Theology

Nigel Voak

Oxford University Press
2003
sidottu
Richard Hooker (1554-1600) has traditionally been seen as the first systematic defender of an Anglican via media between Rome and Geneva. Revisionists have argued recently, however, that Hooker was in fact a thoroughly Reformed theologian. Dr Voak takes issue with this interpretation, arguing that Hooker over time became highly critical of numerous Reformed positions. Beginning with philosophical principles underlying Hooker's theology (e.g. free will, resistibility of grace), the book then considers issues such as original sin, justification and sanctification, merit and the religious authority of scripture, reason, and tradition. Finally, Hooker's late manuscripts are examined, in which he defends himself from the charge of heresy.
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Curiosity and the Aesthetics of Travel-Writing, 1770-1840

Curiosity and the Aesthetics of Travel-Writing, 1770-1840

Nigel Leask

Oxford University Press
2004
nidottu
The decades between 1770 and 1840 are rich in exotic accounts of the ruin-strewn landscapes of Ethiopia, Egypt, India, and Mexico. Yet it is a field which has been neglected by scholars and which - unjustifiably - remains outside the literary canon. In this pioneering book, Nigel Leask studies the Romantic obsession with these 'antique lands', drawing generously on a wide range of eighteenth and nineteenth-century travel books, as well as on recent scholarship in literature, history, geography, and anthropology. Viewing the texts primarily as literary works rather than 'transparent' adventure stories or documentary sources, he sets out to challenge the tendency in modern academic work to overemphasize the authoritative character of colonial discourse. Instead, he addresses the relationship between narrative, aesthetics, and colonialism through the unstable discourse of antiquarianism, exploring the effects of problems of credit worthiness, and the nebulous epistemological claims of 'curiosity' (a leitmotif of the accounts studied here), on the contemporary status of travel writing. Attentive to the often divergent idioms of elite and popular exoticism, Curiosity and the Aesthetics of Travel Writing plots the transformation of the travelogue through the period, as the baroque particularism of curiosity was challenged by picturesque aesthetics, systematic 'geographical narrative', and the emergence of a 'transcendental self' axiomatic to Romantic culture. In so doing it offers an important reformulation of the relations between literature, aesthetics, and empire in the late Enlightenment and Romantic periods.
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John Lydgate's Fall of Princes

John Lydgate's Fall of Princes

Nigel Mortimer

Clarendon Press
2005
sidottu
The Benedictine monk John Lydgate was the most admired poet of the fifteenth century. He received commissions from some of the most powerful men in the land (including Henry V); he is spoken of with constant admiration; manuscripts of his work are abundant; many of his poems were put into print by England's earliest printers, ensuring that his influence extended well into the sixteenth century. The Fall of Princes, probably the longest poem in the language, is arguably Lydgate's masterwork; yet, until now, it has received only cursory critical attention. This book offers the first extended discussion of the poem. The Fall of Princes accumulates accounts of nearly 500 figures from mythology and history (biblical, classical, and medieval) who have fallen from their positions of fame and power into obscurity, adversity, or poverty. In presenting these tragedies Lydgate probes the causes of the reversal of their fortunes; how far can the caprice of a blind Lady Fortune be blamed? How far are the protagonists themselves responsible for their undoing? Most pressingly of all, why is it that bad things happen to seemingly innocent people? In drawing its conclusions about the downfalls of powerful men and women, Lydgate's poem operates within the popular medieval genre of 'advice to princes' literature. This book locates Lydgate's work within its contexts, exploring the nature of his relationship with the uneasy Lancastrian dynasty during the minority of Henry VI as well as his response to contemporary conflicts between ecclesiastical and secular authority. In particular, this book closely analyses Lydgate's manipulations of his French source text, allowing readers to see in detail for the first time what it is that Lydgate was setting out to achieve. Finally, the book identifies the readership of Lydgate's poem in the fifteenth and sixteenth centuries, discussing its influence on the evolution of narrative tragedy in English.
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Law as a Moral Idea

Law as a Moral Idea

Nigel Simmonds

Oxford University Press
2007
sidottu
This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realisation of the idea of law. In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection. But the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realise moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions.
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Courting Violence

Courting Violence

Nigel Fielding

Oxford University Press
2006
sidottu
Courting violence analyses how the courts handle cases of physical violence. It examines how lawyers and judges go about questioning defendants, witnesses and victims, how testimony and physical evidence is used, what victims, witnesses and defendants think of the trial process, and the views of lay and professional participants about violent offences. The book is based on original fieldwork at criminal trials and interviews with those involved. It is known that courtroom language, and the handling of evidence, influences the outcome of cases, and that those unfamiliar with the courts may feel bewildered and intimidated by courtroom language and procedures. The book examines the workings of such processes in cases of physical violence, with careful attention to assumptions made by lawyers, judges and others as they relate to gender, social class, ethnicity, and people exhibiting patterns of behaviour, such as young men who drink heavily in groups. Key findings examine lay participants' understanding of courtroom procedure and language, satisfaction with their ability to participate competently, and willingness to assist the courts again. The book profiles the frustrations caused by the restricted role granted lay participants in trials, and reports problems concerning the experience of minority ethnic groups. Other themes include resource problems; the potential to improve proceedings by technological means; the role of the police, expert witnesses and interpreters; and variations in approaches to the judicial role. Understandings of violence are treated as contingent and legally-reified, and victimisation as a negotiated process. Using accessible and engaging data the book shows readers the contemporary practice of criminal trials in the crown courts, highlights some of the most contentious and sensitive problems in criminal justice, and suggests improvements. It functions both as an accessible overview of the work of the courts and an insight into how society deals with serious crime.
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Strategic Customer Management

Strategic Customer Management

Nigel F Piercy; Nikala Lane

Oxford University Press
2009
sidottu
A revolution is taking place in the way companies organize and manage the 'front-end' of their organization, where it meets its customers. Traditional concepts of sales management, account management, and customer service are being overtaken by initiatives like customer business development, the strategic sales organization, and strategic customer management. This book aims to provide insights into how this revolution is unfolding and to provide a framework for executives and management students to address the issues involved. The book focuses on the transformation of the traditional sales organization into a strategic force leading the strategic customer management process in companies. Traditionally, the area of sales management has mainly been treated as a tactical, operational topic in the conventional marketing literature - simply part of the communications mix within the planned marketing programme. However, the emergence of major customers as dominant buyers in many sectors as a result of pressures towards consolidation and enhanced scale of operations, is changing the way in which sales issues are addressed in supplier organizations. The growth of new forms of buyer-seller relationship based on collaboration and partnering has encouraged organizations to reconsider the sales and account management operation as an important source of competitive differentiation in commoditized markets. Increasingly, sales is being perceived as a central part of business strategy and attention given to the challenges in better aligning sales processes with strategy. This has many implications for the design of the sales organization and its management strategy, which go far beyond the confines of conventional marketing views.
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Law as a Moral Idea

Law as a Moral Idea

Nigel Simmonds

Oxford University Press
2008
nidottu
This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realisation of the idea of law. In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection. But the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realise moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions.
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Robert Burns and Pastoral

Robert Burns and Pastoral

Nigel Leask

Oxford University Press
2010
sidottu
Robert Burns and Pastoral is a full-scale reassessment of the writings of Robert Burns (1759-1796), arguably the most original poet writing in the British Isles between Pope and Blake, and the creator of the first modern vernacular style in British poetry. Although still celebrated as Scotland's national poet, Burns has long been marginalised in English literary studies worldwide, due to a mistaken view that his poetry is linguistically incomprehensible and of interest to Scottish readers only. Nigel Leask challenges this view by interpreting Burns's poetry as an innovative and critical engagement with the experience of rural modernity, namely to the revolutionary transformation of Scottish agriculture and society in the decades between 1760 and 1800, thereby resituating it within the mainstream of the Scottish and European enlightenments. Detailed study of the literary, social, and historical contexts of Burns's poetry explodes the myth of the 'Heaven-taught ploughman', revealing his poetic artfulness and critical acumen as a social observer, as well as his significance as a Romantic precursor. Leask discusses Burns's radical decision to write 'Scots pastoral' (rather than English georgic) poetry in the tradition of Allan Ramsay and Robert Fergusson, focusing on themes of Scottish and British identity, agricultural improvement, poetic self-fashioning, language, politics, religion, patronage, poverty, antiquarianism, and the animal world. The book offers fresh interpretations of all Burns's major poems and some of the songs, the first to do so since Thomas Crawford's landmark study of 1960. It concludes with a new assessment of his importance for British Romanticism and to a 'Four Nations' understanding of Scottish literature and culture.
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The Ancient Olympics

The Ancient Olympics

Nigel Spivey

Oxford University Press
2012
nidottu
The word 'athletics' is derived from the Greek verb 'to struggle for a prize'. After reading this book, no one will see the Olympics as a graceful display of Greek beauty again, but as war by other means. Nigel Spivey paints a portrait of the Greek Olympics as they really were - fierce contests between bitter rivals, in which victors won kudos and rewards, and losers faced scorn and even assault. Victory was almost worth dying for, and a number of athletes did just that. Many more resorted to cheating and bribery. Contested always bitterly and often bloodily, the ancient Olympics were not an idealistic celebration of unity, but a clash of military powers in an arena not far removed from the battlefield.
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