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Random Justice

Random Justice

Neil Duxbury

Oxford University Press
2002
nidottu
Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated. The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery.
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Bail in Criminal Proceedings

Bail in Criminal Proceedings

Neil Corre; David Wolchover

Oxford University Press
2004
sidottu
The question of bail arises every time a case is adjourned and the accused is remanded. This key text provides a uniquely comprehensive account of the law, practice, and procedure governing bail at every stage in an action from the police station to the House of Lords. It includes the relevant legislation and procedural rules, case law, and also offers guidance on ethics as well as research findings in this area. This new edition has been completely updated to take account of major changes introduced by the forthcoming Criminal Justice Act.
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New State Spaces

New State Spaces

Neil Brenner

Oxford University Press
2004
sidottu
In this synthetic, interdisciplinary work, Neil Brenner develops a new interpretation of the transformation of statehood under contemporary globalizing capitalism. Whereas most analysts of the emergent, post-Westphalian world order have focused on supranational and national institutional realignments, 'New State Spaces' shows that strategic subnational spaces, such as cities and city-regions, represent essential arenas in which states are being transformed. Brenner traces the transformation of urban governance in western Europe during the last four decades and, on this basis, argues that inherited geographies of state power are being fundamentally rescaled. Through a combination of theory construction, historical analysis and cross-national case studies of urban policy change, 'New State Spaces' provides an innovative analysis of the new formations of state power that are currently emerging. This is a mature and sophisticated analysis by a major young scholar
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New State Spaces

New State Spaces

Neil Brenner

Oxford University Press
2004
nidottu
Neil Brenner has in the past few years made a major impact on the ways in which we understand the changing political geographies of the modern state. Simultaneously analyzing the restructuring of urban governance and the transformation of national states under globalizing capitalism, 'New State Spaces' is a mature and sophisticated analysis of broad interdisciplinary interest, making this a highly significant contribution to the subject.
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Frederick Pollock and the English Juristic Tradition

Frederick Pollock and the English Juristic Tradition

Neil Duxbury

Oxford University Press
2004
sidottu
Frederick Pollock and the English Juristic Tradition provides the first detailed historical account of one of England's great jurists. Until the later decades of the twentieth century, law developed little as an academic discipline in England. One exceptional period of intellectual growth, however, was the late-Victorian era, when a number of brilliant and now celebrated jurists produced works and devised projects which had a crucial impact on the development of English legal thought. Among this band of jurists was the great legal treatise writer, historian, and editor, Frederick Pollock. Compared with many of his contemporaries, however, Pollock has been largely overlooked by modern legal historians. Drawing upon a vast array of sources, Neil Duxbury offers a detailed picture of this enigmatic figure, examining Pollock's career, jurisprudence, philosophy of the common law, treatise writing, and editorial initiatives, and shows that Pollock's contribution to the development of English law and juristic inquiry is both complex and crucial.
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Coleridge and the Doctors

Coleridge and the Doctors

Neil Vickers

Oxford University Press
2004
sidottu
What did Coleridge know about medicine and how did it influence the development of his critical thought? Neil Vickers sets out to answer this question in this radical reinterpretation of Coleridge's career between 1795 and 1806. Coleridge and the Doctors changes the way we look at Coleridge's intellectual development and reveals the richness of his involvement in the eighteenth-century tradition of 'philosophical medicine' and its determining influence on his critical and philosophic stance. The book also contains a revisionary analysis of Coleridge's dealings with opiates and offers a comprehensive account of British early Romantic medicine.
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The Uses of Curiosity in Early Modern France and Germany

The Uses of Curiosity in Early Modern France and Germany

Neil Kenny

Oxford University Press
2004
sidottu
Why did people argue about curiosity in France, Germany, and elsewhere in Europe between the sixteenth and the eighteenth centuries, so much more than today? Why was curiosity a fashionable topic in early modern conduct manuals, university dissertations, scientific treatises, sermons, newspapers, novellas, plays, operas, ballets, poems, from Corneille to Diderot, from Johann Valentin Andreae to Gottlieb Spizel? Universities, churches, and other institutions invoked curiosity in order to regulate knowledge or behaviour, to establish who should try to know or do what, and under what circumstances. As well as investigating a crucial episode in the history of knowledge, this study makes a distinctive contribution to historiographical debates about the nature of 'concepts'. Curiosity was constantly reshaped by the uses of it. And yet, strangely, however much people contested what curiosity was, they often agreed that what they were disagreeing about was one and the same thing.
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The Tokyo International Military Tribunal - A Reappraisal

The Tokyo International Military Tribunal - A Reappraisal

Neil Boister; Robert Cryer

Oxford University Press
2008
sidottu
The Tokyo International Military Tribunal (IMT) is not frequently discussed in the literature on international criminal law, and it is often thought that it was little more (and possibly less) than a footnote to the Nuremberg proceedings. This work seeks to dispel this widely held belief, by showing the way in which the Tokyo IMT was both similar and different to its Nuremberg counterpart, the extent to which the critiques of the Tokyo IMT have purchase, and the Tribunal's contemporary relevance. The book also shows how the IMT needs to be treated, not just as one overarching entity, but also as being made up of different sets of people, who made up the prosecution, the defence and the judges. These disagreed with each other, and at times internally, over the way in which the trial should proceed, and the book shows how each had an impact on the proceedings. The book is a comprehensive legal analysis of the Tokyo IMT, covering its law, theory, practice and the lessons it may teach to those prosecuting and defending international crimes today. It also places the trial in its political and historical context. The work is based in part on extensive archival research undertaken by the authors, which has unearthed large quantities of documents that have previously been ignored by those who have studied the Tribunal.
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Understanding Psychological Contracts at Work

Understanding Psychological Contracts at Work

Neil Conway; Rob B. Briner

Oxford University Press
2005
sidottu
How can we understand the relationship between employer and employee? What determines the give and take of such relationships and what happens when they go wrong? This book is the first to provide a comprehensive and critical overview of what is now the major way of trying to understand the employment relationship - the concept of the psychological contract. Written contracts often specify very little in terms of the important details about what we are prepared to do for our employer and what we want back in return. The psychological contract considers these implicit or unwritten aspects of the employment relationship. What do employees really expect from work? What happens when the contract, or 'the deal', with their employer is broken? How well does the psychological contract help us understand what happens at work between an employee and their employer? Is the idea of practical value in managing employees? How can our understanding of this important concept be developed in the future? Starting with a history of the concept, from its emergence in the 1960s through to it finding wider acceptance in the 1990s, the authors trace the conflicting and changing definitions of the psychological contract. The shifting meaning of the concept allows possible methodological and conceptual weaknesses of the psychological contract to be explored, such as the conceptual emphasis on process within the employment relationship, which has so far been neglected by researchers. The authors start to address this issue by considering whether employees and employers can use what is known about the psychological contract to better manage the employment relationship. Written to provide a comprehensive yet critical introduction to the topic, Understanding Psychological Contracts at Work will be key reading for advanced students, lecturers, and researchers in Organizational Psychology, Organization Studies, Management Studies, Human Resource Management, Occupational Psychology; and professionals and practitioners in Occupational Psychology, Management Consultancy, Human Resource Management, Careers and Career Management, Career Counselling, Workplace Training.
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Understanding Psychological Contracts at Work

Understanding Psychological Contracts at Work

Neil Conway; Rob B. Briner

Oxford University Press
2005
nidottu
How can we understand the relationship between employer and employee? What determines the give and take of such relationships and what happens when they go wrong? This book is the first to provide a comprehensive and critical overview of what is now the major way of trying to understand the employment relationship - the concept of the psychological contract. Written contracts often specify very little in terms of the important details about what we are prepared to do for our employer and what we want back in return. The psychological contract considers these implicit or unwritten aspects of the employment relationship. What do employees really expect from work? What happens when the contract, or 'the deal', with their employer is broken? How well does the psychological contract help us understand what happens at work between an employee and their employer? Is the idea of practical value in managing employees? How can our understanding of this important concept be developed in the future? Starting with a history of the concept, from its emergence in the 1960s through to it finding wider acceptance in the 1990s, the authors trace the conflicting and changing definitions of the psychological contract. The shifting meaning of the concept allows possible methodological and conceptual weaknesses of the psychological contract to be explored, such as the conceptual emphasis on process within the employment relationship, which has so far been neglected by researchers. The authors start to address this issue by considering whether employees and employers can use what is known about the psychological contract to better manage the employment relationship. Written to provide a comprehensive yet critical introduction to the topic, Understanding Psychological Contracts at Work will be key reading for advanced students, lecturers, and researchers in Organizational Psychology, Organization Studies, Management Studies, Human Resource Management, Occupational Psychology; and professionals and practitioners in Occupational Psychology, Management Consultancy, Human Resource Management, Careers and Career Management, Career Counselling, Workplace Training.
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Familicidal Hearts

Familicidal Hearts

Neil Websdale

Oxford University Press Inc
2013
nidottu
Oscar, physically and sexually abusive, stabbed his partner and two stepdaughters to death, buried the bodies, and fled the state with his two younger children. Paul, a respected investment banker, donned a Halloween mask and shot his wife and two children before turning the gun on himself. What drives individuals as different as Oscar and Paul to kill their families? Why does familicide appear to be on the rise? In Familicidal Hearts, award-winning author and sociologist Neil Websdale uncovers the stories behind 196 male and 15 female perpetrators of this shocking offense, situating their emotional styles on a continuum, from the livid coercive to the civil reputable. With highly detailed and riveting case studies, Websdale explores the pivotal roles of shame, rage, fear, anxiety, and depression in the lives and crimes of the killers. His analysis demonstrates how internal emotional conflict, against a backdrop of societal pressures, is at the root of familicide, challenging the widely accepted argument that murderers kill family members to assert power and control. Websdale contends instead that most perpetrators struggle with intense shame, many sensing that they failed to live up to the demands of modern gender prescriptions, as fathers and lovers, wives and mothers. What emerges is a compelling theory about the haunting effects of modern emotional struggles on perpetrators, controlling and upstanding alike. Captivatingly written and expertly researched, this provocative book weaves a gripping tale of modern-era "haunted hearts." Blending the social, the historical, and the emotional into a new way of making sense of a horrific crime, Familicidal Hearts is a provocative meditation on gender roles, social forces, and modern life itself.
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Never Enough

Never Enough

Neil Gilbert

Oxford University Press Inc
2017
sidottu
In this landmark work, Neil Gilbert addresses the long-standing tensions between capitalism and the progressive spirit. Challenging the contemporary progressive outlook on the failures of capitalism, Capitalism and the Progressive Spirit analyzes the empirical evidence for conventional claims about the real level of poverty, the presumed causes and consequences of inequality, the meaning and underlying dynamics of social mobility, and the necessity for more social welfare spending and universal benefits. A careful reading of the research reveals that these issues are far less serious than contemporary progressive claims would have the public believe. Progressive leaders, however, remain firmly wedded to the established social agenda, which conveys a vision of the good society that disregards the historically unprecedented and wide-spread abundance in the advanced post-industrial countries. Meanwhile, the progressive agenda inadvertently caters to the corrosive effects of insatiable consumption and the commodification of everyday life, from which modern capitalism profits. The analysis suggests that it is time to resist the material definition of progress that stands so high on the current agenda and envision alternative ways for government to advance society.
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Elizabeth Bowen

Elizabeth Bowen

Neil Corcoran

Oxford University Press
2008
nidottu
Elizabeth Bowen is a writer who is still too little appreciated. Neil Corcoran presents here a critical study of her novels, short stories, family history, and essays, and shows that her work both inherits from the Modernist movement and transforms its experimental traditions. Elizabeth Bowen: The Enforced Return explores how she adapts Irish Protestant Gothic as a means of interpreting Irish experience during the Troubles of the 1920s and the Second World War, and also as a way of defining the defencelessness of those enduring the Blitz in wartime London. She employs versions of the Jamesian child as a way of offering a critique of the treatment of children in the European novel of adultery, and indeed, implicitly, of the Jamesian child itself. Corcoran relates the various kinds of return and reflex in her work-notably the presence of the supernatural, but also the sense of being haunted by reading-to both the Freudian concept of the 'return of the repressed' and to T. S. Eliot's conception of the auditory imagination as a 'return to the origin'. Making greater interpretative use of extra-fictional materials than previous Bowen critics (notably her wartime reports from neutral Ireland to Churchill's government and the diaries of her wartime lover, the Canadian diplomat Charles Ritchie), Corcoran reveals how her fiction merges personal story with public history. Employing a wealth of original research, his radical new readings propose that Bowen is as important as Samuel Beckett to twentieth-century literary studies--a writer who returns us anew to the histories of both her time and ours.
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Institutions of Law

Institutions of Law

Neil MacCormick

Oxford University Press
2008
nidottu
Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the State and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
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Euroclash

Euroclash

Neil Fligstein

Oxford University Press
2008
sidottu
The European Union's market integration project has dramatically altered economic activity around Europe. This book presents extensive evidence on how trade has increased, jobs have been created, and European business has been reorganized. However, changes in the economy have been accompanied by dramatic changes in how people from different societies interact. In this book Neil Fligstein argues provocatively that these changes have produced a truly transnational - European - society. The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less-educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes - but not always - think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall. Written in an accessible style this is a major new interpretation of the drive to European integration and essential reading for all those with an interest in the topic.
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Rhetoric and The Rule of Law

Rhetoric and The Rule of Law

Neil MacCormick

Oxford University Press
2009
nidottu
When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable results? Or is legal reasoning mere rhetoric´ in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law? This book tackles these questions by presenting a theory of legal reasoning, developing the author's classic account given in Legal Reasoning and Legal Theory (OUP, 1978). It explains the essential role syllogism plays in reasoning used to apply the law, and the elements needed in addition to deductive reasoning to give a full explanation of how law is applied and decisions justified through the use of precedent, analogy and principle. The book highlights that problems of interpretation, classification and relevance will always arise when applying general legal standards to individual cases. In justifying their conclusions about such problems, judges need to be faithful to categorical legal reasons and yet fully sensitive to the particulars of the cases before them. How can this be achieved, and how should we evaluate the possible approaches judges could take to solving these problems? By addressing these issues the book asks questions at the heart of understanding the nature of law and the moral complexity of the rule of law.
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Euroclash

Euroclash

Neil Fligstein

Oxford University Press
2009
nidottu
The European Union's market integration project has dramatically altered economic activity around Europe. This book presents extensive evidence on how trade has increased, jobs have been created, and European business has been reorganized. The changes in the economy have been accompanied by dramatic changes in how people from different societies interact. This book argues provocatively that these changes have produced a truly transnational-European-society. The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes-but not always-think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall.
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Hard Luck

Hard Luck

Neil Levy

Oxford University Press
2011
sidottu
The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to luck than is compatibilism. But compatibilist accounts of luck are themselves vulnerable to a powerful luck objection: historical compatibilisms cannot satisfactorily explain how agents can take responsibility for their constitutive luck; non-historical compatibilisms run into insurmountable difficulties with the epistemic condition on control over action. Levy argues that because epistemic conditions on control are so demanding that they are rarely satisfied, agents are not blameworthy for performing actions that they take to be best in a given situation. It follows that if there are any actions for which agents are responsible, they are akratic actions; but even these are unacceptably subject to luck. Levy goes on to discuss recent non-historical compatibilisms, and argues that they do not offer a viable alternative to control-based compatibilisms. He suggests that luck undermines our freedom and moral responsibility no matter whether determinism is true or not.
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Multiple Sclerosis

Multiple Sclerosis

Neil Scolding; Alastair Wilkins

Oxford University Press
2012
nidottu
Multiple sclerosis is the most common neurological cause of debilitation in young people; it affects approximately 85,000 people in the UK, 400,000 people in the US and approximately 2.5 million people worldwide. The disease commonly manifests in the second or third decade of life, and in most cases it leads to progressive disability, which explains its enormous impact on the economy (estimated at around £1.4 billion annually). The disease is incurable and the precise causes are still unknown. Part of the Oxford Neurology Library series, this practical pocketbook summarises the latest understanding of what might cause the disease, the methods of diagnosis and assessment, and current management techniques. The book also includes chapters on variants of multiple sclerosis, on childhood-onset disease and future therapies. This pocketbook will serve as an invaluable reference for trainee neurologists, consultants needing rapid access to core facts, interested general practitioners and specialist MS nurses.
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Changes of Mind

Changes of Mind

Neil Tennant

Oxford University Press
2012
sidottu
This is the first logically precise, computationally implementable, book-length account of rational belief revision. It explains how a rational agent ought to proceed when adopting a new belief - a difficult matter if the new belief contradicts the agent's old beliefs. Belief systems are modeled as finite dependency networks. So one can attend not only to what the agent believes, but also to the variety of reasons the agent has for so believing. The computational complexity of the revision problem is characterized. Algorithms for belief revision are formulated, and implemented in Prolog. The implementation tests well on a range of simple belief-revision problems that pose a variety of challenges for any account of belief revision. The notion of 'minimal mutilation' of a belief system is explicated precisely for situations when the agent is faced with conflicting beliefs. The proposed revision methods are invariant across different global justificatory structures (foundationalist, coherentist, etc.). They respect the intuition that, when revising one's beliefs, one should not hold on to any belief that has lost all its former justifications. The limitation to finite dependency networks is shown not to compromise theoretical generality. This account affords a novel way to argue that there is an inviolable core of logical principles. These principles, which form the system of Core Logic, cannot be given up, on pain of not being able to carry out the reasoning involved in rationally revising beliefs. The book ends by comparing and contrasting the new account with some major representatives of earlier alternative approaches, from the fields of formal epistemology, artificial intelligence and mathematical logic.
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