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Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly--few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues--instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others--have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
Theologian, academic, and third-generation organic farmer Frederick L. Kirschenmann is a celebrated agricultural thinker. In the last thirty years he has tirelessly promoted the principles of sustainability and has become a legend in his own right. Cultivating an Ecological Conscience: Essays from a Farmer Philosopher documents Kirschenmann's evolution and his lifelong contributions to the new agrarianism in a collection of his greatest writings on farming, philosophy, and sustainability. Working closely with agricultural economist and editor Constance L. Falk, Kirschenmann recounts his intellectual and spiritual journey. In a unique blend of personal history, philosophical discourse, spiritual ruminations, and practical advice, Kirschenmann interweaves his insights with discussion of contemporary agrarian topics. This collection serves as an invaluable resource to agrarian scholars and introduces readers to an agricultural pioneer whose work has profoundly influenced modern thinking about food.
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Questions religion's capacity and will to break from mindless conformity. Challenges us to counter our culture of obedience with the culture of moral compassion, fulfilling religion's obligation to make room for and carry out courageous moral dissent."
Regulating Obesity?: Government, Society, and Questions of Health explores the effectiveness of legal interventions aimed at promoting healthier lifestyles. In this book, W.A. Bogart suggests that the government's emphasis on encouraging weight loss and preventing excess weight gain have largely failed to resolve obesity and have instead fueled prejudice against overweight people. He suggests that a major challenge lies in shifting norms away from stigmatization of the obese and towards more nutritious and healthy lifestyle habits in addition to the acceptance of bodies in all shapes and sizes. Part of this challenge lies in the complex effects of law and its relationship with norms, including the unintended consequences of regulation. Regulating Obesity? begins by arguing for the protection of the overweight and obese from discrimination through human rights laws. It then examines three other areas of interventions--marketing, fiscal policy, and physical activity--and how these interventions operate within the context of "health equity." Professor Bogart evaluates the effectiveness of legal regulation in addressing obesity and concludes that a healthier population is more important than a thinner population. Regulating Obesity? is the first book to engage in the comprehensive evaluation of this role for law and the implications of society's fascination with regulating consumption.
"The History of the Fleet Street House": 20 p. at the end of v. 18.
The sixteen essays in this volume, all previously unpublished, address the little considered question of the role played by religion in the American Civil War. The authors show that religion, understood in its broadest context as a culture and community of faith, was found wherever the war was found. Comprising essays by such scholars as Elizabeth Fox-Genovese, Drew Gilpin Faust, Mark Noll, Reid Mitchell, Harry Stout, and Bertram Wyatt-Brown, and featuring an afterword by James McPherson, this collection marks the first step towards uncovering this crucial yet neglected aspect of American history.
The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.
ìBy far, the most comprehensive and detailed coverage of pediatric neuropsychology available in a single book today, Davis provides coverage of basic principles of pediatric neuropsychology, but overall the work highlights applications to daily practice and special problems encountered by the pediatric neuropsychologist.î Cecil R. Reynolds, PhD Texas A&M University "The breadth and depth of this body of work is impressive. Chapters written by some of the best researchers and authors in the field of pediatric neuropsychology address every possible perspective on brain-behavior relationships culminating in an encyclopedic textÖ. This [book] reflects how far and wide pediatric neuropsychology has come in the past 20 years and the promise of how far it will go in the next." Elaine Fletcher-Janzen, EdD, NCSP, ABPdN The Chicago School of Professional Psychology "...it would be hard to imagine a clinical situation in pediatric neuropsychology in whichthis book would fail as a valuable resource."--Archives of Clinical Neuropsychology "I believe there is much to recommend this hefty volume. It is a solid reference that I can see appreciating as a resource as I update my training bibliography."--Journal of the International Neuropsychological Society This landmark reference covers all aspects of pediatric neuropsychology from a research-based perspective, while presenting an applied focus with practical suggestions and guidelines for clinical practice. Useful both as a training manual for graduate students and as a comprehensive reference for experienced practitioners, it is an essential resource for those dealing with a pediatric population. This handbook provides an extensive overview of the most common medical conditions that neuropsychologists encounter while dealing with pediatric populations. It also discusses school-based issues such as special education law, consulting with school staff, and reintegrating children back into mainstream schools. It contains over 100 well-respected authors who are leading researchers in their respective fields. Additionally, each of the 95 chapters includes an up-to-date review of available research, resulting in the most comprehensive text on pediatric neuropsychology available in a single volume. Key Features: Provides thorough information on understanding functional neuroanatomy and development, and on using functional neuroimaging Highlights clinical practice issues, such as legal and ethical decision-making, dealing with child abuse and neglect, and working with school staff Describes a variety of professional issues that neuropsychologists must confront during their daily practice, such as ethics, multiculturalism, child abuse, forensics, and psychopharmacology
Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
The essential reference for human development theory, updated and reconceptualized The Handbook of Child Psychology and Developmental Science, a four-volume reference, is the field-defining work to which all others are compared. First published in 1946, and now in its Seventh Edition, the Handbook has long been considered the definitive guide to the field of developmental science. Volume 1, Theory and Method, presents a rich mix of classic and contemporary theoretical perspectives, but the dominant views throughout are marked by an emphasis on the dynamic interplay of all facets of the developmental system across the life span, incorporating the range of biological, cognitive, emotional, social, cultural, and ecological levels of analysis. Examples of the theoretical approaches discussed in the volume include those pertinent to human evolution, self regulation, the development of dynamic skills, and positive youth development. The research, methodological, and applied implications of the theoretical models discussed in the volume are presented. Understand the contributions of biology, person, and context to development within the embodied ecological system Discover the relations among individual, the social world, culture, and history that constitute human development Examine the methods of dynamic, developmental research Learn person-oriented methodological approaches to assessing developmental change The scholarship within this volume and, as well, across the four volumes of this edition, illustrate that developmental science is in the midst of a very exciting period. There is a paradigm shift that involves increasingly greater understanding of how to describe, explain, and optimize the course of human life for diverse individuals living within diverse contexts. This Handbook is the definitive reference for educators, policy-makers, researchers, students, and practitioners in human development, psychology, sociology, anthropology, and neuroscience.
A detailed look at the role of social responsibility in finance and investing The concept of socially responsible finance and investing continues to grow, especially in the wake of one of the most devastating financial crises in history. This includes responsibility from the corporate side (corporate social responsibility) as well as the investor side (socially responsible investing) of the capital markets. Filled with in-depth insights and practical advice, Socially Responsible Finance and Investing offers an important basis of knowledge regarding both the theory and practice of this ever-evolving area of finance. As part of the Robert W. Kolb Series in Finance, this book showcases contributed chapters from professionals and academics with extensive expertise on this particular subject. It provides a comprehensive view of socially responsible foundations and their applications to finance and investing as determined by the current state of research. Discusses many important issues associated with socially responsible finance and investing, like moral hazard and the concept of "too big to fail" Contains contributed chapters from numerous thought-leaders in the field of finance Presents comprehensive coverage starting with the basics and bringing you through to cutting-edge, current theory and practice Now more than ever, we need to be mindful of the social responsibilities of all investment practices. The recent financial crisis and recession has changed the financial landscape for years to come and Socially Responsible Finance and Investing is a timely guide to help us navigate this difficult terrain.
Executives, investors, and the business press routinely chant the mantra that corporations are required to “maximize shareholder value.” In this pathbreaking book, renowned corporate expert Lynn Stout debunks the myth that corporate law mandates shareholder primacy. Stout shows how shareholder value thinking endangers not only investors but the rest of us as well, leading managers to focus myopically on short-term earnings; discouraging investment and innovation; harming employees, customers, and communities; and causing companies to indulge in reckless, sociopathic, and irresponsible behaviors. And she looks at new models of corporate purpose that better serve the needs of investors, corporations, and society.
"A recognized authority of American intellectual history, James Hoopes concerns himself in this study with the eighteenth and nineteenth-century secularization of Puritanism's philosophical underpinnings... A n important book in intellectual history. Those who read it will be challenged; those who understand it will be rewarded."--H. Roger King, "History: Reviews of New Books.""One of the dozen or so most intriguing books that I have read in the past decade."--Theodore Dwight Bozeman, "William and Mary Quarterly."

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