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Author: Aruna Sathanapally
Publisher: OUP Oxford
ISBN: 0191647985
Category : Law
Languages : en
Pages : 1281
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Book Description
Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.
Author: Aruna Sathanapally
Publisher: OUP Oxford
ISBN: 0191647985
Category : Law
Languages : en
Pages : 1281
Get Book Here
Book Description
Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.
Author: Scott Steinkerchner
Publisher: Rowman & Littlefield Publishers
ISBN: 1442206446
Category : Religion
Languages : en
Pages : 205
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Book Description
Beyond Agreement addresses the thorny question of how to make interreligious dialogue productive when the religious differences are so large that finding common ground seems unlikely. The book offers a way to think about interreligious dialogue that allows people to stay committed to their own truth as they have come to know it while being open to learning from other religions. It then outlines a way for Christian theologians to enter into a profitable dialogue with the beliefs and traditions of other religions by presenting practical steps to follow in order to keep the dialogue productive and respectful of similarities and differences among religions.
Author: Bernard S. Mayer
Publisher: John Wiley & Sons
ISBN: 0787974064
Category : Business & Economics
Languages : en
Pages : 334
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Book Description
In this thought-provoking, passionately written book, Bernard Mayer—an internationally acclaimed leader in the field—dares practitioners to ask the hard questions about alternative dispute resolution. What’s wrong with conflict resolution? Why aren’t more individuals and organizations using conflict resolution when they have a problem? Why doesn’t the public know more about it? What are the limits of conflict resolution? When does conflict resolution work and when does it not? Offering a committed practitioner’s critique of the profession of mediation, arbitration, and alternative dispute resolution, Beyond Neutrality focuses on the current crisis in the field of conflict resolution and offers a pragmatic response.
Author: Scott Steinkerchner
Publisher: Rowman & Littlefield
ISBN: 1442206438
Category : Christianity and other religions
Languages : en
Pages : 205
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Book Description
Beyond Agreement addresses the thorny question of how to make interreligious dialogue productive when the religious differences are so large that finding common ground seems unlikely. The book offers a way to think about interreligious dialogue that allows people to stay committed to their own truth as they have come to know it while being open to learning from other religions.
Author: Frances E. Lee
Publisher: University of Chicago Press
ISBN: 0226470776
Category : Political Science
Languages : en
Pages : 265
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Book Description
The congressional agenda, Frances Lee contends, includes many issues about which liberals and conservatives generally agree. Even over these matters, though, Democratic and Republican senators tend to fight with each other. What explains this discord? Beyond Ideology argues that many partisan battles are rooted in competition for power rather than disagreement over the rightful role of government. The first book to systematically distinguish Senate disputes centering on ideological questions from the large proportion of them that do not, this volume foregrounds the role of power struggle in partisan conflict. Presidential leadership, for example, inherently polarizes legislators who can influence public opinion of the president and his party by how they handle his agenda. Senators also exploit good government measures and floor debate to embarrass opponents and burnish their own party’s image—even when the issues involved are broadly supported or low-stakes. Moreover, Lee contends, the congressional agenda itself amplifies conflict by increasingly focusing on issues that reliably differentiate the parties. With the new president pledging to stem the tide of partisan polarization, Beyond Ideology provides a timely taxonomy of exactly what stands in his way.
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
ISBN: 9780395631249
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Author: Mary F. Scudder
Publisher: Oxford University Press, USA
ISBN: 0197535453
Category : Political Science
Languages : en
Pages : 229
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Book Description
Beyond Empathy and Inclusion examines how to achieve democratic rule in large pluralistic societies where citizens are deeply divided. Scudder argues that listening is key; in a democracy, citizens do not have to agree with their political opponents, but they do have to listen to them. Being heard is what ensures we have a say in the laws to which we are held. While listening is admittedly difficult, this book investigates how to motivate citizens to listenseriously, attentively, and humbly, even to those with whom they disagree.
Author: Roger Fisher
Publisher: Penguin
ISBN: 1101218878
Category : Business & Economics
Languages : en
Pages : 332
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Book Description
“Written in the same remarkable vein as Getting to Yes, this book is a masterpiece.” —Dr. Steven R. Covey, author of The 7 Habits of Highly Effective People • Winner of the Outstanding Book Award for Excellence in Conflict Resolution from the International Institute for Conflict Prevention and Resolution • In Getting to Yes, renowned educator and negotiator Roger Fisher presented a universally applicable method for effectively negotiating personal and professional disputes. Building on his work as director of the Harvard Negotiation Project, Fisher now teams with Harvard psychologist Daniel Shapiro, an expert on the emotional dimension of negotiation and author of Negotiating the Nonnegotiable: How to Resolve Your Most Emotionally Charged Conflicts. In Beyond Reason, Fisher and Shapiro show readers how to use emotions to turn a disagreement-big or small, professional or personal-into an opportunity for mutual gain.
Author: James Tabery
Publisher: MIT Press
ISBN: 0262549603
Category : Science
Languages : en
Pages : 295
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Book Description
Why the “nature versus nurture” debate persists despite widespread recognition that human traits arise from the interaction of nature and nurture. If everyone now agrees that human traits arise not from nature or nurture but from the interaction of nature and nurture, why does the “nature versus nurture” debate persist? In Beyond Versus, James Tabery argues that the persistence stems from a century-long struggle to understand the interaction of nature and nurture—a struggle to define what the interaction of nature and nurture is, how it should be investigated, and what counts as evidence for it. Tabery examines past episodes in the nature versus nurture debates, offers a contemporary philosophical perspective on them, and considers the future of research on the interaction of nature and nurture. From the eugenics controversy of the 1930s and the race and IQ controversy of the 1970s to the twenty-first-century debate over the causes of depression, Tabery argues, the polarization in these discussions can be attributed to what he calls an “explanatory divide”—a disagreement over how explanation works in science, which in turn has created two very different concepts of interaction. Drawing on recent developments in the philosophy of science, Tabery offers a way to bridge this explanatory divide and these different concepts integratively. Looking to the future, Tabery evaluates the ethical issues that surround genetic testing for genes implicated in interactions of nature and nurture, pointing to what the future does (and does not) hold for a science that continues to make headlines and raise controversy.
Author: Heikki Räisänen
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 1482
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Book Description
This fascinating and comprehensive book, first published in 1990, is, as the original subtile put it, 'a story and a programme'. The story is that of the many attempts over the last two hundred years to write a theology of the New Testament, from the pioneering J. P. Gabler to the present day. Writing in Theology, Robert morgan describes it as 'surely the best available survey in any language and particularly useful for those less familiar with the German tradition'. However, the book contains more than a survey: the 'programme' maps out the way that New Testament theology should proceed in the future. The programme relates not only to subject-matter but also to audience, since in a secular society those who read the New Testament range far outside the confessions and churches. As might be expected, the reception for this radical thesis has ben a mixed one, but the importance of Professor Raisaenen's work has been strongly emphasized, not lesast by Professor Gerd Theissen in his A Theory of Primitive Christian Reigion. This new edition contains a survey of the debate over the last decade and also elaborates further on the programme for the future in the light of recent developments. Heikki Raisaenen is Professor of New Testament Exegesis at the University of Helsinki.
