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In Rethinking Obligation, Nancy J. Hirschmann provides an innovative analysis of liberal obligation theory that uses feminism as a theoretical method for rethinking political obligations from the bottom up. In articulating a feminist method for political theory, Hirschmann skillfully brings together theoretical categories and methods previously seen as opposed: feminist standpoint and postmodernism, gender psychology and anti-essentialism, empiricism and interpretivism. Rethinking Obligation mounts a vital challenge to central aspects of liberal theory. Students and scholars of political philosophy, political theory, feminist theory, and women’s studies will want to read it.
K. E. Boxer explores moral responsibility, and whether it is compatible with causal determinism. She suggests that to answer this question we must focus on responsibility in the sense of liability, and that an incompatibilist view may only be preserved on an understanding of the moral desert of punishment that many find morally problematic.
What are the grounds for and limits to obedience to the state? This book offers a fresh analysis of the debate concerning the moral obligation to obey the state, develops a novel account of political obligation and provides the first detailed argument of how a theory of political obligation can apply to subjects of an unjust state.
This book explores moral responsibility, and whether it is compatible with causal determinism. Its author, K. E. Boxer, started out with deeply incompatibilist intuitions but became dissatisfied with the arguments that she and other contemporary incompatibilists marshalled in support of this view. Rethinking Responsibility has evolved out of her search for a more adequate argument. Boxer suggests that if incompatibilists are to be in a position to provide such an argument, they must shift their attention away from metaphysics and back to what H. L. A. Hart deemed the primary sense of the concept of moral responsibility, viz., the sense of liability. To say that an agent is morally responsible for an action in this sense is to say that she satisfies the necessary causal and capacity conditions for desert of certain forms of response. If incompatibilists are to show that among those conditions is a requirement for some form of ultimate responsibility incompatible with determinism, they must first clarify their understanding of moral desert and the moral responses associated with attributions of responsibility. The book examines different possible understandings of moral liability-responsibility based on different possible accounts of the nature of moral blame, the moral desert of punishment, and the relation between desert of moral blame and desert of punishment. A focal point throughout the discussion is whether, on any of the possible understandings, moral responsibility would require agents to be ultimately responsible for their actions in a way incompatible with causal determinism. Other issues discussed include what renders a defect a moral defect or a particular criticism a moral criticism, whether moral obligations are act-governing or will-governing, the connection between the moral reactive attitudes and the retributive sentiments, the relevance of the capacity to participate in ordinary interpersonal relationships, and whether it is possible to understand the moral desert of punishment in communicative terms. Boxer concludes that incompatibilists face an unenviable choice: either they must adopt an understanding of the moral desert of punishment that many find morally problematic, or they must abandon incompatibilism.
Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.
What are the grounds for and limits to obedience to the state? This book offers a fresh analysis of the debate concerning the moral obligation to obey the state, develops a novel account of political obligation and provides the first detailed argument of how a theory of political obligation can apply to subjects of an unjust state.
This work examines reserves in the recently revised Swiss Code of Obligations, which will enter into force 1 January 2023. The analysis focuses on their creation and dissolution, and distinguishes between reserves formed by the board and reserves formed by the general assembly. By focusing on an instrument in the banking sector, the reserves for general banking risks, this work investigates the general assembly’s possibility to delegate the power to form further reserves to the board of directors based on the articles of the association. This question is analyzed in the context of companies limited by shares, limited liability companies, and cooperatives. Finally, the effects of such a delegation and the consequences in a practical view of going to court are analyzed through the Federal Supreme Court’s judgment in a similar topic of delegation.
Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.
Here is an absorbing and exceptionally perceptive account of how deep symbols or words of power (which tend to be a culture's normaltive language) have undergone diminishment in a contemporary postmodern society. Edward Farley explains that such diminishment does not necessarily imply their demise since traces of these symbols remain and invite their rethinking. Two introductory chapters spell out the character and prospect of deep symbols in postmodern society. Then follow five chapters, each of which considers a particular deep symbol: tradition, obligation (duty), reality, law, and hope. A concluding chapter shows the structural entanglement of these symbols with each other and their relation to the sacred and the interhuman. From the opening chapter- "Words of power, that is, deep and enduring symbols that shape the values of a society and guide the life of faith, morality, and action are subject to powerful forces of discreditation and even disenchantment. If this is so, we must find ways to recover their power or live without them." Edward Farley is Professor of Theology at Vanderbilt University and the author of many books, including Good and Evil: Interpreting a Human Condition.
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.