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An Introduction to the Model Penal Code

An Introduction to the Model Penal Code

Markus D. Dubber

Oxford University Press Inc
2015
sidottu
In this second edition of his introductory overview of the Model Penal Code (now titled: An Introduction to the Model Penal Code), Markus Dubber retains the book's original goal, approach, and structure as a companion to the Code. He reflects the Code's aim to present an accessible, comprehensive, and systematic account of American criminal law. This book unlocks the Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law. The content of the original edition has been thoroughly revised with citations to primary and secondary materials checked, updated, and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original version of the book has been expanded in places to provide additional context. As one of the world's most sophisticated criminal codes, the Model Penal Code also serves as an excellent platform for comparative analysis, particularly with code-based civil law systems that are often difficult to place alongside opinion-based common law systems.
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An Introduction to the Model Penal Code

An Introduction to the Model Penal Code

Markus D. Dubber

Oxford University Press Inc
2015
nidottu
In this second edition of his well-received introductory overview of the Model Penal Code, Markus Dubber retains the book's original aim to serve as an accessible companion to the Code. Professor Dubber unlocks the Model Penal Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law. While the book's general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.
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The Dual Penal State

The Dual Penal State

Markus D. Dubber

Oxford University Press
2021
nidottu
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
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Bach in the World

Bach in the World

Markus Rathey

OXFORD UNIVERSITY PRESS INC
2022
sidottu
Johann Sebastian Bach's works are often classified as either sacred or secular. While this distinction is fraught, it seems to provide a useful way to distinguish between Bach's vocal works for the liturgy and those he wrote to honor courts and members of the nobility. But even so, the lines cannot be drawn clearly. The political and social systems of the time relied on religion as an ideological foundation, and public displays of political power almost always included religious rituals and thus required some form of sacred music. Social constructs, such as class and gender, were also embedded in religious frameworks. In Bach in the World, author Markus Rathey offers a new exploration of how Bach's music functioned as an agent of affective communication within rituals, such as the installation of the town council, and as a place where socio-political norms were perpetuated and sometimes even challenged. The book does so by analyzing public manifestations of the social order during Bach's time in large-scale celebrations, processions, public performances, and visual displays.
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Oxford Handbook of Ethics of AI

Oxford Handbook of Ethics of AI

Markus Dubber; Frank Pasquale; Sunit Das

Oxford University Press Inc
2021
nidottu
This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of placing current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."
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Common Heritage or Common Burden?

Common Heritage or Common Burden?

Markus G. Schmidt; Elliot L. Richardson

Oxford University Press
1989
sidottu
Common Heritage or Common Burden? contains a comprehensive and authoritative assessment of the US role in the negotiations on the UN Convention on the Law of the Sea and particularly in the negotiations on one of the remaining commons, the ocean floor beyond national jurisdiction. The author first examines the US view of the lawfulness of deep seabed mining under international law. He reviews the bureaucratic struggles, within the US Administration and the Congress, concerning the options to be pursued at the Conference; analyses the US position in the seabed negotiations from 1974 to 1980; and casts a fresh look both on the Reagan Administration's `policy review' of 1981-1982 which threatened the Conference's outcome, and current US oceans policy which remains an impediment to the Convention's early entry into force. The study suggests that despite significant compromises negotiated between the US and developing countries at the Conference up to 1980, the emerging seabed regime was not as widely endorsed by US officials as is generally assumed. Drawing on material collected from interviews with many key negotiators, the study contributes to a better understanding of domestic and international decision-making procedures and the dynamics of international negotiations.
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Asset Pricing under Asymmetric Information

Asset Pricing under Asymmetric Information

Markus K. Brunnermeier

Oxford University Press
2001
sidottu
Asset prices are driven by public news and information that is often dispersed among many market participants. These agents try to infer each other's information by analyzing price processes. In the past two decades, theoretical research in financial economics has significantly advanced our understanding of the informational aspects of price processes. This book provides a detailed and up-to-date survey of this important body of literature. The book begins by demonstrating how to model asymmetric information and higher-order knowledge. It then contrasts competitive and strategic equilibrium concepts under asymmetric information. It also illustrates the dependence of information efficiency and allocative efficiency on the security structure and the linkage between both efficiency concepts. No-Trade theorems and market breakdowns due to asymmetric information are then explained, and the existence of bubbles under symmetric and asymmetric information is investigated. The remainder of the survey is devoted to contrasting different market microstructure models that demonstrate how asymmetric information affects asset prices and traders' information , which provide a theoretical explanation for technical analysis and illustrate why some investors "chase the trend." The reader is then introduced to herding models and informational cascades, which can arise in a setting where agents' decision-making is sequential. The insights derived from herding models are used to provide rational explanations for stock market crashes. Models in which all traders are induced to search for the same piece of information are then presented to provide a deeper insight into Keynes' comparison of the stock market with a beauty contest. The book concludes with a brief summary of bank runs and their connection to financial crises.
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The Economics of the Global Response to HIV/AIDS

The Economics of the Global Response to HIV/AIDS

Markus Haacker

Oxford University Press
2016
sidottu
The global response to HIV/AIDS has been a major aspect of global health and development policy over the last three decades. The book illustrates the devastating health impacts of the epidemic, with life expectancy in some countries falling to the lowest levels observed anywhere, and the remarkable success of the global HIV/AIDS response in reversing such extreme outcomes. Concerns about the implications of HIV/AIDS for economic development have played a role in motivating the global HIV/AIDS response. However, evidence on the impacts of HIV/AIDS on economic growth or poverty is weak, and the magnitude and relevance of such economic effects appears trivial compared to the consequences for life and health. Because of the success in extending access to treatment globally, HIV/AIDS has effectively transitioned into a chronic disease. This means that HIV/AIDS absorbs not only a substantial chunk of current global and national financial resources, but that these spending needs are projected to persist over decades. The costs of the HIV/AIDS response thus resemble a long-term financial liability, shaped by past and current policies. Relatedly, the calculus of cost-effectiveness of HIV/AIDS interventions has changed. People who become infected with HIV can now expect to not die because of AIDS; at the same time, each HIV infection results in medical needs and expenditures extending over decades. The book presents a framework for integrating these financial consequences and the transmission dynamics of HIV in the analysis of cost-effectiveness of HIV/AIDS interventions and in the design of HIV/AIDS programs.
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The Dual Penal State

The Dual Penal State

Markus D. Dubber

Oxford University Press
2018
sidottu
The Dual Penal State addresses one of today's most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and barely constrained violence where radical and prolonged interference with citizens, upon whose autonomy the legitimacy of state power supposedly rests, has been utterly normalized. At its heart, the crisis of modern penality is a crisis of the liberal project itself and the penal paradox is the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states the book adopts a fresh approach. It uses historical and comparative analysis to reveal the fundamental distinction between two conceptions of penal power - penal law and penal police - that runs through Western legal-political history: one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. This dual penal state analysis illuminates how the law/police distinction manifests itself in various penal systems, from the American war on crime to the ahistorical methods of German criminal law science.
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Criminal Law

Criminal Law

Markus Dubber; Tatjana Hörnle

Oxford University Press
2016
nidottu
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.
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Constituent Power in the European Union

Constituent Power in the European Union

Markus Patberg

Oxford University Press
2020
sidottu
The euro crisis, rising Euroscepticism, and Brexit have once again highlighted the European Union's unresolved legitimacy deficit. Increasingly, citizens claim to have been illegitimately excluded from decisions about the future of European integration. Movements such as DiEM25 call into question the authority of the states as the 'masters of the treaties'. At the same time, political theory's debate about the EU has become ever more academic. The discipline is preoccupied with the production and refinement of abstract models of democratic constitutionalism whose connection to real politics is thin. This book seeks to develop a new approach to EU legitimacy by reorienting the debate from the question of how the supranational polity should ideally be organized to the question of who is entitled to make that decision and how. To that end, it reformulates the classical notion of constituent power for the context of European integration. This account challenges conventional theoretical assumptions regarding the EU's ultimate source of legitimacy and enables political theory to put to the test the claims of those who challenge the established mode of EU constitutional politics.
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The Statistical Analysis of Small Data Sets

The Statistical Analysis of Small Data Sets

Markus Neuhäuser; Graeme D. Ruxton

Oxford University Press
2024
sidottu
We live in the era of big data. However, small data sets are still common for ethical, financial, or practical reasons. Small sample sizes can cause researchers to seek out the most powerful methods to analyse their data, but they may also be wary that some methodologies and assumptions may not be appropriate when samples are small. The book offers advice on the statistical analysis of small data sets for various designs and levels of measurement, helping researchers to analyse such data sets, but also to evaluate and interpret others' analyses. The book discusses the potential challenges associated with a small sample, as well as the ways in which these challenges can be mitigated. General topics with strong relevance to small sample sizes such as meta-analysis, sequential and adaptive designs, and multiple testing are introduced. While the focus is on hypothesis tests and confidence intervals, Bayesian analyses are also covered. Code written in the statistical software R is presented to carry out the proposed methods, many of which are not limited to use on small data sets, and the book also discusses approaches to computing the power or the necessary sample size, respectively.
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The Statistical Analysis of Small Data Sets

The Statistical Analysis of Small Data Sets

Markus Neuhäuser; Graeme D. Ruxton

Oxford University Press
2024
nidottu
We live in the era of big data. However, small data sets are still common for ethical, financial, or practical reasons. Small sample sizes can cause researchers to seek out the most powerful methods to analyse their data, but they may also be wary that some methodologies and assumptions may not be appropriate when samples are small. The book offers advice on the statistical analysis of small data sets for various designs and levels of measurement, helping researchers to analyse such data sets, but also to evaluate and interpret others' analyses. The book discusses the potential challenges associated with a small sample, as well as the ways in which these challenges can be mitigated. General topics with strong relevance to small sample sizes such as meta-analysis, sequential and adaptive designs, and multiple testing are introduced. While the focus is on hypothesis tests and confidence intervals, Bayesian analyses are also covered. Code written in the statistical software R is presented to carry out the proposed methods, many of which are not limited to use on small data sets, and the book also discusses approaches to computing the power or the necessary sample size, respectively.
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Kant on Freedom and Rational Agency

Kant on Freedom and Rational Agency

Markus Kohl

Oxford University Press
2023
sidottu
Kant on Freedom and Rational Agency provides a novel interpretation and rational reconstruction of Kant's doctrine of freedom. Markus Kohl shows how Kant defends the belief that we are free from foreign (natural and super-natural) causes as a presupposition of all meaningful human activity. While this interpretation focuses on the essential role that freedom of will plays in our moral agency, it also examines how our status as rational cognitive agents hinges on our freedom of thought, and why our aesthetic engagement with beauty requires our freedom of imagination. Kohl thereby gives a compelling sense of Kant's estimation that freedom is a "cardinal point"--even the "keystone"--of his entire critical philosophy. Kant's doctrine of freedom emerges in this account as a systematic critique of a naturalistic worldview which regards all our capacities, representations, and actions as the causal upshot of natural laws and forces. Kant holds that the naturalistic worldview fatally undermines our self-conception as rational agents. This critique of naturalism culminates in the argument that naturalistic cognizers cannot explain away our freedom from natural forces because they must presuppose such a freedom in their own cognitive efforts to devise rationally valid naturalistic theories.
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The Concept of Investment in ICSID Arbitration

The Concept of Investment in ICSID Arbitration

Markus Petsche

Oxford University Press
2023
sidottu
This book explores the meaning of 'investment' within the context of International Centre for Settlement of Investment Disputes (ICSID) arbitration. It provides a comprehensive and detailed examination of the various legal issues arising in connection with the jurisdictional requirement of the existence of an investment. It explores, first of all, the fundamental question of whether the term 'investment' in Art. 25 ICSID Convention has - despite not being defined - some objective or independent meaning. Second, it addresses the substance of that meaning, showing that three main approaches (the prevailing Salini test, the permissibility test, and the commercial-transaction test) co-exist in arbitral practice. Third, it analyses the definitions of 'investment' found in investment treaties including the traditional definitional model, typical requirements, and recent developments in practice. Fourth, it provides an overview of definitions contained in domestic investment laws, highlighting commonalities with, and differences from, definitions found in investment treaties. Finally, it examines the investment status of several specific categories of assets and operations. The Concept of Investment in ICSID Arbitration offers not only a detailed analysis of the relevant case law, legislation, and scholarship, but also a critical assessment of existing practices and trends, as well as normative recommendations. It also explores issues that are neglected in the existing literature, such as the question of the nature of investment, recent trends in treaty drafting and arbitral case law, and definitions of 'investment' contained in investment laws. Despite its formal focus on ICSID arbitration, significant portions of the book are also relevant for other forms of investor-state arbitration.
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Pharmaceutical Knowledge Commons for the Most Neglected Populations in Global Health

Pharmaceutical Knowledge Commons for the Most Neglected Populations in Global Health

Markus Fraundorfer

Oxford University Press
2025
sidottu
In Pharmaceutical Knowledge Commons for the Most Neglected Populations in Global Health Fraundorfer presents an in-depth study of how the Drugs for Neglected Diseases initiative (DNDi) has reshaped the global politics of neglected tropical diseases over the past twenty years. By weaving together concepts from different academic disciplines (commons, common goods, orchestration, and healthcare innovation ecosystems) into a novel theoretical framework for the analysis of transformational change in global health, the author argues that DNDi has orchestrated pharmaceutical knowledge commons to produce novel treatments and other knowledge for neglected tropical diseases as common goods. Focusing on three neglected tropical diseases (NTDs) that have particularly affected neglected populations in the global south - Chagas disease, the leishmaniases, and sleeping sickness - this volume examines the strengths and weaknesses of DNDi's collaborative governance model and illustrates how pharmaceutical knowledge commons help conceptualize processes of innovative transformation in global health to serve the common good. The Drugs for Neglected Diseases initiative (DNDi) was created in 2003 and developed a not-for-profit approach that would put neglected patients, rather than profits, first. In the past two decades, DNDi has consolidated its alternative pharmaceutical model, showing how to develop novel treatments for a range of neglected tropical diseases and empower R&D (research and development) communities from NTD-endemic countries. Despite these achievements, DNDi's political role in global health has remained underexplored.
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Blaming Bureaucracy

Blaming Bureaucracy

Markus Hinterleitner

Oxford University Press
2025
sidottu
Political life in advanced democracies is steeped in negativity towards bureaucracy. Politicians, parties, and the media routinely blame the bureaucracy for all kinds of political, social, or economic problems. Whenever there is controversy to be processed, bureaucracy is often the scapegoat. While one might expect this negativity to be due to the bureaucracy's actual performance, or simply a reflection of more general frustrations with democracy, the truth lies elsewhere. We don't blame the bureaucracy so much because its performance is so poor or because we're fed up with how things are run in our countries, but rather because democracies are characterized by dynamics and discourses in which the bureaucracy almost “automatically” finds itself at the receiving end of blame. This book is the first to unpack these dynamics. For many actors, blaming the bureaucracy is the most convenient thing to do in controversial and conflictual situations-of which there are many in modern democracies. Bureaucracy is everyone's favorite scapegoat because it can be plausibly blamed for almost anything and because it is unlikely to fight back. Unfortunately, the bureaucracy is far too valuable to be everyone's punching bag. Rampant bureaucracy blaming undermines administrative performance and creates a public discourse in which a weak and curtailed bureaucracy becomes popular. Because bureaucracy blaming threatens to dismantle the very structures that sustain our democracies, this problematic political activity deserves our full attention.
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Building an International Financial Services Firm

Building an International Financial Services Firm

Markus Venzin

Oxford University Press
2009
sidottu
A new era of global banking and insurance is emerging, with leading banks eager to serve international markets. This book explores the issues that arise for banks in their strategic choices as they move into these new international markets. Building an International Financial Services Firm challenges conventional assumptions from the international management literature on topics such as the limits of globalization, the importance of cultural and institutional distance, the nature of economies of scale and scope, the existence of first mover advantages, the logic behind the global value chain configuration, the speed and timing of market entry, as well as organizational architecture. It focuses on fundamental strategic decisions such as when, where, and how to enter foreign markets and how to design the organizational architecture of the multinational financial services firm. Using simple theoretical frameworks illustrated by case examples, this book provides a thorough guide to the challenges of the international market for financial services firms, both for those working in the financial services industry, and researchers studying the area.
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Criminal Law

Criminal Law

Markus Dubber; Tatjana Hörnle

Oxford University Press
2014
sidottu
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.
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Secularism and Religion-Making

Secularism and Religion-Making

Markus Dressler; Arvind Mandair

Oxford University Press Inc
2011
nidottu
This book conceives of "religion-making" broadly as the multiple ways in which social and cultural phenomena are configured and reconfigured within the matrix of a world-religion discourse that is historically and semantically rooted in particular Western and predominantly Christian experiences, knowledges, and institutions. It investigates how religion is universalized and certain ideas, social formations, and practices rendered "religious" are thus integrated in and subordinated to very particular - mostly liberal-secular - assumptions about the relationship between history, politics, and religion. The individual contributions, written by a new generation of scholars with decisively interdisciplinary approaches, examine the processes of translation and globalization of historically specific concepts and practices of religion - and its dialectical counterpart, the secular - into new contexts. This volume contributes to the relatively new field of thought that aspires to unravel the thoroughly intertwined relationships between religion and secularism as modern concepts.
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