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The initial idea for this anthology arose during my work at the interdisciplinary Collaborative Research Centre (SFB) 485 Norm and Symbol at the University of Konstanz. My research project on the potential of Hobbesian contract theory was in?uenced by the focus of the SFB on social phenomena such as pluralism and cultural change. In this context, I realized that the Hobbesian idea to refer only to instrumental rationality and basic egoistic interests to legitimize a state has, on one hand some advantages for pluralistic societies: All individuals are supposed to share these premises independent of the personal values they might hold. On the other hand, a rational legitimization must cope wit...
’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.
This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.
This book discusses new directions in social contract theory. While social contract theory has a long history in moral and political philosophy, social circumstances have significantly changed over time. It presents new approaches to social contract theory that apply to such conditions, addressing some of most pressing social problems today.
The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood.
This book offers an original account of the history of liberal thought, one grounded in an institutional history of medieval pluralism and the early modern rationalizing state, and explores the deep tensions that liberal political thought rests upon.
This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
This special issue documents the results of a workshop on and with Alvin Goldman at the University of Düsseldorf in May, 2008. The topic was Reliable Knowledge and Social Epistemology. The volume contains the written versions of all papers given at the workshop, divided into five chapters and followed by Alvin Goldman's replies in the sixth and final chapter. The contributions of the first chapter (E. Brendel, C. Jäger, and G. Schurz) address general questions of social epistemology, veritism and externalism, including critical reflections on Goldman's notion of 'weak knowledge'. The subsequent chapter (T. Grundmann and P. Baumann) examines problems which are involved in the search for an ...
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
This edited collection offers in-depth essays on outlaw motorcycle clubs and street gangs. Written by sociologists, anthropologists and criminologists, it asks the question of how the self-proclaimed ‘outlaws’ integrate into society. While these groups may cultivate a deviant image, these original studies show that we should not let ourselves be deceived by appearances. These ‘outlaws’ are, paradoxically, well integrated into mainstream society. The essays read the relationship of these groups to the media, law enforcement and society through the lens of their strategies of ‘scheming legality’ and ‘resisting criminalization’. These reveal most strikingly how the knowledge of social codes, norms and mechanisms is put to use by these groups. This groundbreaking volume provides answers to previously understudied questions through well-researched case studies drawn from across Europe and United States. With wide-reaching implications for communities around the world, this exciting collection of essays will be of great interest to academics and governmental institutions as well as students and general readers of anthropology, sociology and criminology.