Armed reprisals are the limited use of military force in response to unlawful actions perpetrated against states. Historically, reprisals provided a military remedy for states that had been wronged by another state without having to resort to all-out war in order to counter or deter such wrongful actions. While reprisals are broadly believed to have been outlawed by the UN Charter, states continue to routinely undertake such self-help measures. As part of the roundtable, “The Ethics of Limited Strikes,” this essay (...) examines the doctrine of armed reprisals in light of recent instances of states using force “short of war” in this manner. We argue that the ban on reprisals has been largely ignored by states, and that recent attempts to apply the laws of armed conflict to the cyber domain are further weakening this prohibition. We conclude that this is a potentially dangerous development that lowers the bar for resorting to military force, risking escalation and thereby further destabilizing the international system. (shrink)

Vorlesungen Kants über Metaphysik aus drei Semestern ist ein unveränderter, hochwertiger Nachdruck der Originalausgabe aus dem Jahr 1894. Hansebooks ist Herausgeber von Literatur zu unterschiedlichen Themengebieten wie Forschung und Wissenschaft, Reisen und Expeditionen, Kochen und Ernährung, Medizin und weiteren Genres. Der Schwerpunkt des Verlages liegt auf dem Erhalt historischer Literatur. Viele Werke historischer Schriftsteller und Wissenschaftler sind heute nur noch als Antiquitäten erhältlich. Hansebooks verlegt diese Bücher neu und trägt damit zum Erhalt selten gewordener Literatur und historischem Wissen auch für (...) die Zukunft bei. (shrink)

Abstract Finding a moral justification for humanitarian intervention has been the objective of a great deal of academic inquiry in recent years. Most of these treatments, however, make certain arguments or assumptions about the morality of humanitarian intervention without fully exploring their precise philosophical underpinnings, which has led to an increasingly disjointed body of literature. The purpose of this essay, therefore, is to suggest that the conventional arguments and assumptions made about the morality of humanitarian intervention can be encompassed in (...) what is essentially a consequentialist framework. After a brief examination of consequentialist ethics, this essay reveals a number of morally relevant factors concerning humanitarian intervention, wherein I suggest that the general consensus in the literature on these factors constitutes ?commonsense morality?. In doing so, I argue that consequentialism as a theory of the right provides the best fit with commonsense morality on humanitarian intervention. This is important not only to reveal the precise philosophical underpinnings of the debate, but also to bring ethical, prudential and political considerations together in a coherent ethical discourse. (shrink)

In addressing social issues, organizations have a responsibility to promote diverse participation, yet often struggle to harness the benefits of racial and gender diversity. Using a community-based participatory research design, with data collected over an 18 month field study, we examined how a social change organization, FoodLab, facilitated diverse collaboration. FoodLab aimed to grow a good food economy in Detroit, Michigan, through working with their members, local food entrepreneurs. We found that recurrent episodes of practicing dialogue catalyzed collaborative action around (...) multiple issues, including shared kitchens, licensing, and membership. Practicing dialogue included intentional convening, participatory devices, and collective language. While leaders set up the initial procedures and rules, leaders and members, together, enacted these structures. Through high quality interactions, participants developed additional resources, knowledge, motivation, and relationships. Across episodes of practicing dialogue, traces of high quality interactions supported sustained effort around social issues. Our findings demonstrate the dynamic aspects of organizational structure and individual action in working towards diverse collaborative action. (shrink)

The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which (...) eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed. (shrink)

Eine interdisziplinäre Verständigung über Kultur ist fällig und notwendig, um dem gegenwärtig weit verbreiteten Eindruck entgegenzuwirken, „Kultur“ habe sich als semantisches Irrlicht und als obsolet gewordener Gegenstand von Forschung erwiesen, weil der Begriff unüberschaubare wie unvereinbare Bedeutungsmomente bündele und aus einem bloßen Gespinst von Mehrdeutigkeiten bestehe. Demgegenüber wird in diesem Buch die Überzeugung vertreten, dass es gewinnbringend ist, die spezifischen Kompetenzen aus der Kultursoziologie und Populärkulturforschung, aus der Theorie des Kulturmanagements und der Medienkultur sowie aus der Kulturphilosophie zusammenzubringen, um zu (...) zeigen, dass es trotz und gleichsam unterhalb der notorischen Vieldeutigkeit des Wortes „Kultur“ einen gemeinsamen Sachzusammenhang namens Kultur gibt, von dem die einzelnen Fachdisziplinen jeweils bestimmte Faktoren in den Blick nehmen und kraft ihrer eigenen Methoden erhellen. Damit leistet der Band einen wichtigen Beitrag, um den vielschichtigen und komplexen Terminus „Kultur“ als sozial- und kulturwissenschaftlichen Schlüsselbegriff wiederzugewinnen. (shrink)

First, I discuss the importance of recognizing different states of consciousness. Knowing how these states differ from each other and recognizing their specific qualities determines their use, increases our self‐knowledge, balances our behavior and adjusts our course of action. Second, 1 report on workshops conducted in the United States, Russia, Lithuania, and Estonia. The examples illustrate the nature of material retrieved during different states of consciousness. Third, I evaluate the respective techniques which can be used to access different states of (...) consciousness and show how they can be applied to everyday life. (shrink)

Despite the positive effects of including patients’ preferences into therapy on psychotherapy outcomes, there are still few thoroughly validated assessment tools at hand. We translated the 18-item Cooper-Norcross Inventory of Preferences into German and aimed at replicating its factor structure. Further, we investigated the reliability of the questionnaire and its convergence with trait measures. A heterogeneous sample of N = 969 participants took part in our online survey. Performing ESEM models, we found acceptable model fit for a four-factor structure similar (...) to the original factor structure. Furthermore, we propose an alternative model following the adjustment of single items. The German C-NIP showed acceptable to good reliability, as well as small correlations with Big-Five personality traits, trait and attachment anxiety, locus of control, and temporal focus. However, we recommend further replication of the factor structure and further validation of the C-NIP. (shrink)

BackgroundDespite its ubiquity, it is often not clear what organizations and services mean by well-being. Visual impairment has been associated with poorer well-being and well-being has become a key outcome for support and services for adults living with VI. A shared understanding of what well-being means is therefore essential to enable assessment of well-being and cross-service provision of well-being support.ObjectivesTo provide an overview of the ways in which well-being has been conceptualized in research relating to adults living with VI.Eligibility criteriaArticles (...) were included in the review if the article discussed well-being in the context of adults living with VI, was available in English and as a full text.Data sourcesA systematic search using search terms relating to VI and well-being was conducted in EBSCOHost and Ovid.ChartingA team of three reviewers screened titles, abstracts and full-texts articles and extracted data. Ambiguous articles were referred to the research group and discussed.ResultsOf 10,662 articles identified in the search, 249 were included in the review. These referred to 38 types of well-being. The most common types were general well-being emotional well-being and psychological well-being. Most articles referred to one type only, with a maximum of 9 listed in one article. A large number of articles did not clearly define well-being. A wide range of indicators of well-being related to the domains of hedonia, mood, positive and negative affect, quality of life, mental health, eudaimonia, self/identity, health, psychological reactions to disability and health problems, functioning, social functioning and environment, were extracted, many of which were used just once.ConclusionsThere remains a lack of consensus on how well-being is conceptualized and assessed in the context of adult VI. A standardized multi-domain approach derived with input from adults with VI and practitioners working with them is required to enable comparison of findings and cross-organizational provision of support. (shrink)

What does it mean to say that a particular war is just or unjust, that terrorism is always wrong, or that torture can sometimes be morally justified? What are the moral bases for the possession or use of nuclear weapons, intervening in other nations' civil wars, or being a bystander to genocide? Such questions take us to the heart of what is morally right and wrong behaviour in our world. Global Violence: Ethical and Political Issues provides readers with the analytical (...) tools to better understand the suppositions that underlie the debates about such questions, as well as equipping them to advance their own reasoned and informed moral analyses of these topics. The book engages different normative approaches from the fields of ethics, international relations and political philosophy and uses them to examine a set of case studies on the subjects of inter-state and civil war, nuclear weapons, terrorism, torture and genocide. (shrink)

What does it mean to say that a particular war is just or unjust, that terrorism is always wrong, or that torture can sometimes be morally justified? What are the moral bases for the possession or use of nuclear weapons, intervening in other countries’ civil wars, or being a bystander to genocide? Such questions take us to the heart of what is morally right and wrong behaviour in our world. Global Violence: Ethical and Political Issues provides readers with the analytical (...) tools to better understand the suppositions that underlie the debates about such questions, as well as advances its own reasoned and informed ethical analyses of these topics. The book engages different normative approaches from the fields of ethics, political theory, and international relations and uses them to examine a set of case studies on the subjects of inter-state and civil war, nuclear weapons, terrorism, torture and genocide. (shrink)

Justice, Sustainability, and Security not only enhances our knowledge of these issues, but it teases out our moral dimensions and offer prescriptions for how governments and global actors might craft their policies to better consider their effects on the global human condition.

Over the years, researchers of numerous fields have suggested different criteria and conventions for the transcription of oral samples. Current practice by workers who carry out transcriptions in the Spanish legal system is not standardized and does not follow any general criteria. Indeed, the standards followed by professionals in this context are characterized by their heterogeneity. This contribution highlights the benefits of adhering to a particular set of criteria and conventions agreed upon by 115 transcribers to make the transcription process (...) more efficient, improve its comprehension and add to the value of transcriptions as key documents within the legal system that may have a direct impact on the right of the parties involved. (shrink)

Legal scholars’ interest in Shakespeare has often focused on conventional legal rules and procedures, such as those of The Merchant of Venice or Measure for Measure. Those plays certainly reveal systemic injustice, but within stable, prosperous societies, which enjoy a generally well-functioning legal order. In contrast, Shakespeare's first historical tetralogy explores the conditions for the very possibility of a legal system, in terms not unlike those described by Hobbes a half-century later. The first tetralogy's deeply collapsed, quasi-anarchic society lacks any (...) functioning legal regime. Its power politics are not, as in many of Shakespeare's other plays, merely latent, lurking beneath the patina of an otherwise functioning legal order. They pervade all of society. Dissenting from a long critical tradition, this article suggests that the figure of Henry VI does not merely represent antiquated medievalism or inept rule. Through Henry's constant recourse to legal process, arbitration and anti-militarism, the first tetralogy goes beyond questions about how to establish a functioning legal order. It examines the possibility, and meaning, of a just one. (shrink)

Introduction -- Nietzsche's echo -- Injustice as the negation of justice -- Injustice as disunity -- Injustice as mismeasurement -- Injustice as unity -- Injustice as measurement -- Measurement and modernity.

The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument (...) in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools . For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property. (shrink)

This article explores the extent to which the decision to invade Iraq in 2003 coheres with the normative precepts of liberalism as an international political theory. Beginning with a Lockean liberal theory of the state, this article first examines the evolution of international liberalism in order to identify the fundamental normative postulates of liberal theory as it pertains to international relations, especially regarding the use of military force. The article then advances two interrelated arguments: First, that the underpinnings of the (...) decision to invade Iraq embodied in the Bush Doctrine draw heavily from the liberal tradition, though still depart from it in important ways. Second, that the Bush Doctrine as manifested in the Iraq war reflects in many ways the liberal thinking that prevailed during the interwar years and is therefore susceptible to a similar charge of ‘utopianism’ that was leveled against interwar liberalism by E. H. Carr in his Twenty Years' Crisis. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Affectivity and Personality: Mediated by the SocialMartin Heinze (bio)Keywordsaffectivity, sociality, personalism, psychiatric anthropologyBy emphasizing the concept of the person, Rosfort and Stanghellini are to be congratulated for overcoming a reductive concept self driven by the limits of neurobiological research. In this commentary, I emphasize some points about the context of these thoughts concerning the dialectic of nature and freedom and the social realm in which the connections of affectivity (...) and personhood are situated.As discussed in philosophical anthropology, the concept “person” involves both the human capacity for freedom and the legal status given to an individual in society. Nevertheless, even in its most intensive understanding as personality and lived freedom, human existence cannot be separated from its being natural (including being emotional). Moreover, being natural is the condition sine qua non for a free conduct of life. The dialectic of freedom and naturality is addressed by Rosfort and Stanghellini as “ontologic ambiguity” or, to use an older phrase, the structure of “homo duplex”. The aspect of passivity in human existence in which we are determined by our physiology, our environment, and our biography becomes visible. On the other hand, we also see the active dimension of personhood: the possibility to put ourselves into question, to relate to ourselves, to undergo change, and to invent ourselves anew. In the Plessnerian sense, the “ec-centric” nature of the human condition enables us to become active in this way. Plessner supplanted the dialectic between passivity and activity with his notion of Leidenschaft—passion. In the German word Leiden we find the double meaning of suffering and being passionate. Humans are bound to act between the spheres of nature and free will. They suffer from being in the world and can also be passionate by acting in this reality. Leidenschaft thematizes both passivity and activity as well as their unity. Human beings are passive through being dependent on their circumstances. They are passionate, however, when they reflect on these conditions or attempt to come to terms with them. From the dialectical understanding, a unique structure emerges as mutually conditioned, both active and passive. The “passionate man” (a term that Plessner uses to define humanity) synthesizes his being dependent on others with his own freedom to create himself. Passion can be understood as an enhancement of sensuality and spirituality in the context of the conditio humana: “Human reflectivity does not stop in front of sensuality but rather enhances it or weakens it—and both directions can be dangerous for sensuality.” (Plessner 1976, 167, author's translation). [End Page 273]With Kierkegaard, we have to express this even more intensively: a human being is not only shaped by the dialectic of freedom and nature, but—through living—is himself this dialectic. Thus, human personality and human freedom cannot be disconnected from the dimension of passivity that lies at the very heart of freedom. In Jacob Böhme's words, the human situation is that of Naturfreiheit—being free by and through its very own nature. It is neither apart from nature (naturlos) nor is its freedom abstract.The fundamental characteristics of human personality, as described by Rosfort and Stanghellini, are activity, responsibility, freedom, will, reflexivity, and self-distance, but also corporality. In the conduct of life, the realm where this is all realizes is the realm of human relationships to other human beings, that is, a shared world only out of which a successful self-relation can develop. In this sense, the authors quote Grøn: “The normative dimension thus pertains to the self that one already is in relating to others, to a world in between, and to oneself.” Grøn refers to Kierkegaard's attempt—but now with regard to psychopathology—to overcome the duality of human nature by transforming the concept of the self to that of the person. For psychiatric anthropology, there is no way to circumvent this. Thus, psychiatric theories that concern human being inevitably involve a personalistic perspective.Ferdinand Tönnies was the first to use the concept of person to describe social realities. In his classical study from 1887, “Community and Society” (Gemeinschaft und Gesellschaft), he contributed to philosophical personalism. Insofar as the person seeks... (shrink)

The meaning of the word shaman (of Tungus origin) has become obscured by numerous, increasingly different interpretations. The term has also been applied to practitioners who live outside Siberia, and are actually called by different names in their respective countries: bomoh in Malaysia, ma khi in Thailand, and tany-di in Singapore.Because I did not want to rely on secondary sources, I went to Southeast Asia to find contemporary shamans. Having started my research in 1960 I was able to witness, over (...) a thirty-one year period (during visits lasting from several months to a year), the continuation of shamanic traditions among different groups living in multiethnic and multi-religious societies. What struck me most was the emergence of new shamans in urban centers like Singapore and Bangkok. (shrink)