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The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
Exploring a broad range of case studies - including young women in conflict with the law, child soldiers, welfare recipients, genetic testing, biotechnology and new technologies - the contributors explore whether the concept of risk has undermined our sense of trust in society, effectively eroding the definition of citizenship, marginalizing particular people and groups, needlessly heightening societal fears and rendering invisible social inequalities.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
There are thousands of substances manufactured in the United States to which the public is routinely exposed and for which toxicity data are limited or absent. Some insist that uncertainty about the severity of potential harm justifies implementing precautionary regulations, while others claim that uncertainty justifies the absence of regulations until sufficient evidence confirms a strong probability of severe harm. In this book, Levente Szentkirályi overcomes this impasse in his defense of precautionary environmental risk regulation by shifting the focus from how to manage uncertainty to what it is we owe each other morally. He argues that actions that create uncertain threats wrongfully gamble with the welfare of those who are exposed and neglect the reciprocity that our equal moral standing demands. If we take the moral equality and rights of others seriously, we have a duty to exercise due care to strive to prevent putting them in possible harm’s way. The Ethics of Precaution will be of great interest to researchers, educators, advanced students, and practitioners working in the fields of environmental political theory, ethics of risk, and environmental policy.
This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.
The healthcare industry has been the center of attention recently as it continues to have a major impact on private and public organizations, government institutions, and consumers. An increasing number of requests for healthcare has led to the implementation of new policies and reform proposals that are challenging as they can have a simultaneous impact on different categories of users. As many health, individual, and organizational activities continue to grow and are conducted in the general environment, new vulnerabilities have emerged that have led to the need to study the system from a different angle. The nature, source, and complexity of healthcare is not always clear, and many times health issues are underestimated. The Handbook of Research on Healthcare Standards, Policies, and Reform examines the complex issues, various problems, and innovative solutions that are linked to healthcare standards, policies, and reform. This comprehensive reference work provides important knowledge that impacts healthcare improvement from the perspective of multiple disciplines, adding innovation value to solving health issues. Covering topics such as health protection, psychological health, and healthcare technology, it is an essential resource for academicians, healthcare practitioners, researchers, healthcare scientists, professional bodies, professors and students of higher education, and policymakers.