Conclusions

2021 ◽  
pp. 227-234
Author(s):  
Chris O'Meara
Keyword(s):  
Analytical Framework ◽  
Theory And Practice ◽  
Armed Attack ◽  
Legal Development ◽  
The Core ◽  
Self Defence

Chapter 5 completes this book by setting out its conclusions. It provides a summary of the theory and practice relating to necessity and proportionality and considers the strengths and weakness of the current law. This author suggests that the analytical framework set out in this book offers the opportunity for a doctrinal switch that recognizes necessity and proportionality, and not the armed attack, as the core regulating requirements of the exercise of self-defence. The chapter rounds off the exploration of this subject by considering improvements to the reporting and monitoring of claims of self-defence and possible options for future legal development.

The Nature of Degrowth: Theorising the Core of Nature for the Degrowth Movement

2020 ◽  
Author(s):  
Pasi Heikkurinen
Keyword(s):  
Human Nature ◽  
Culturally Sensitive ◽  
Theory And Practice ◽  
The Core ◽  
The Past ◽  
The Future ◽  
Radical Reduction ◽  
Nature Experience ◽  
Matter Energy

This article investigates human–nature relations in the light of the recent call for degrowth, a radical reduction of matter–energy throughput in over-producing and over-consuming cultures. It outlines a culturally sensitive response to a (conceived) paradox where humans embedded in nature experience alienation and estrangement from it. The article finds that if nature has a core, then the experienced distance makes sense. To describe the core of nature, three temporal lenses are employed: the core of nature as ‘the past’, ‘the future’, and ‘the present’. It is proposed that while the degrowth movement should be inclusive of temporal perspectives, the lens of the present should be emphasised to balance out the prevailing romanticism and futurism in the theory and practice of degrowth.

Political Settlements and Economic Transformation

2018 ◽  
Author(s):  
Hazel Gray
Keyword(s):  
Institutional Economics ◽  
Building Blocks ◽  
Analytical Framework ◽  
Economic Transformation ◽  
New Institutional Economics ◽  
Technological Learning ◽  
The Core ◽  
1960S And 1970S ◽  
The 1960S ◽  
Political Settlement

This chapter sets out the analytical framework of political settlements and elaborates the framework to account for the socialist experiences of Tanzania and Vietnam in the 1960s and 1970s. A political settlement, as defined by Mushtaq Khan, is a combination of power and institutions that is mutually compatible and also sustainable in terms of economic and political viability. The chapter clarifies the core building blocks of the approach and sets out the main differences between political settlements and new institutional economics. The chapter then defines a socialist political settlement where productive rights are formally held by the collective and formal institutions protect common and collectively owned assets. The attempts to construct a socialist political settlement left important institutional, political, and economic legacies. These shaped incentives and constraints which influenced a number of critical processes at the heart of economic development—related to technological learning, accumulation for investment, and political stabilization.

scholarly journals Costa, cancer and coronavirus: contractualism as a guide to the ethics of lockdown

2021 ◽  
pp. medethics-2020-107103
Author(s):  
Stephen David John ◽  
Emma J Curran
Keyword(s):  
Moral Theory ◽  
Cost Benefit Analysis ◽  
Cost Benefit ◽  
Benefit Analysis ◽  
Life And Death ◽  
The Third ◽  
The Core ◽  
Key Issues ◽  
Moral Distinction ◽  
Self Defence

Lockdown measures in response to the COVID-19 pandemic involve placing huge burdens on some members of society for the sake of benefiting other members of society. How should we decide when these policies are permissible? Many writers propose we should address this question using cost-benefit analysis (CBA), a broadly consequentialist approach. We argue for an alternative non-consequentialist approach, grounded in contractualist moral theorising. The first section sets up key issues in the ethics of lockdown, and sketches the apparent appeal of addressing these problems in a CBA frame. The second section argues that CBA fundamentally distorts the normative landscape in two ways: first, in principle, it allows very many morally trivial preferences—say, for a coffee—might outweigh morally weighty life-and-death concerns; second, it is insensitive to the core moral distinction between victims and vectors of disease. The third section sketches our non-consequentialist alternative, grounded in Thomas Scanlon’s contractualist moral theory. On this account, the ethics of self-defence implies a strong default presumption in favour of a highly restrictive, universal lockdown policy: we then ask whether there are alternatives to such a policy which are justifiable to all affected parties, paying particular attention to the complaints of those most burdened by policy. In the fourth section, we defend our contractualist approach against the charge that it is impractical or counterintuitive, noting that actual CBAs face similar, or worse, challenges.

scholarly journals In the midst of theory and practice: a foreword

2020 ◽  
pp. 1-5
Author(s):  
Hannes Peltonen ◽  
Knut Traisbach
Keyword(s):  
Social World ◽  
World Society ◽  
Theory And Practice ◽  
Pragmatic Approach ◽  
The Core ◽  
Critical Engagement ◽  
The Social ◽  
The Status

Abstract This foreword frames the Symposium in two ways. It summarises the core themes running through the nine ‘meditations’ in The Status of Law in World Society. Moreover, it places these themes in the wider context of Kratochwil's critical engagement with how we pursue knowledge of and in the social world and translate this knowledge into action. Ultimately, also his pragmatic approach cannot escape the tensions between theory and practice. Instead, we are in the midst of both.

scholarly journals CASTING THE LIGHT OF THE THEORY OF OPPOSITION ONTO HOHFELD'S FUNDAMENTAL LEGAL CONCEPTS

Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
João Alberto de Oliveira Lima ◽  
Cristine Griffo ◽  
João Paulo A. Almeida ◽  
Giancarlo Guizzardi ◽  
Marcio Iorio Aranha
Keyword(s):  
Conceptual Framework ◽  
Legal Theory ◽  
Analytical Framework ◽  
The Core ◽  
Recent Developments ◽  
The Law ◽  
Opposition Theory ◽  
Legal Concepts ◽  
Number Of Authors

Abstract At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight “fundamental” concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.

Use “cross-border E-commerce” multi-dimensional teaching to enhance the core competence of international economics and trade students

2021 ◽  
pp. 002072092110134
Author(s):  
Ying Liu
Keyword(s):  
Core Competence ◽  
Teaching Method ◽  
Close Contact ◽  
Operating Mode ◽  
Theory And Practice ◽  
Practical Training ◽  
The Core ◽  
Cross Border ◽  
The Core Competence ◽  
Employment Quality

For some trade majors who only focus on theoretical studies, they no longer have an advantage in the market. If they do not pay attention to practical training, it will be difficult to gain a foothold in business. In education, people are paying more and more attention to e-commerce. Many schools take “cross-border e-commerce (CBEC)” as a course. This article uses CBEC to implement multi-dimensional teaching, so as to enhance the core competence of trade majors. This research is mainly based on the analysis of the existing teaching program model, and proposes a multi-level, all-round and multi-dimensional teaching method. This article analyzes the current teaching mode of trade major and various related problems in this mode, and proposes a teaching method based on theory and practice in response to the requirements of trade major. In teaching, many teachers will use traditional teaching methods to analyze trade and help students learn about CBEC. If students cannot learn the operating mode of CBEC as soon as possible, it will cause many students to walk out of the school very much. It is difficult to adapt to the requirements of work, and it is also difficult to accept the new CBEC model. This not only affects the employment rate and employment quality of students, but also is not conducive to the transformation and development of foreign trade enterprises. Therefore, we need to teach students based on the market’s demand for CBEC compound talents, let them have close contact with enterprise development, and use school-enterprise cooperation to realize CBEC practical and multi-dimensional teaching in schools, so as to generate training to meet the needs of the cross-e-commerce market Technical personnel.

Cyber Power in International Relations

2021 ◽  
pp. 65-81
Author(s):  
Tim Stevens ◽  
Camino Kavanagh
Keyword(s):  
International Relations ◽  
International System ◽  
Analytical Framework ◽  
Theory And Practice ◽  
Strategic Objectives ◽  
Or Practice ◽  
State Actors ◽  
Strategic Outcomes

This chapter provides a conceptual and analytical framework for the understanding of ‘cyber power’ in the theory and practice of international relations. Cyber power is the product of relationships between actors, rather than a material quantity that can be possessed and converted into strategic outcomes. This chapter identifies four forms of cyber power that arise from different configurations of state and non-state actors: compulsory, institutional, structural, and productive. Analysis of national cyber strategies shows how states develop, leverage, and exploit their relationships with the actors and structures of the international system to generate cyber power in pursuit of their strategic objectives. Cyber power should therefore be understood as a multiplicity of forms of power in and through cyberspace, not as a singular concept or practice. Moreover, cyber power should be framed within broader conceptualizations of power, rather than treated as somehow distinct and discrete.

The invocation of the right to self-defence in response to armed attacks conducted by armed groups: Implications for attribution

2018 ◽  
Vol 32 (01) ◽  
pp. 91-110 ◽  
Author(s):  
Erika de Wet
Keyword(s):  
Due Diligence ◽  
Armed Groups ◽  
Armed Attack ◽  
International Court Of Justice ◽  
International Court ◽  
State Actors ◽  
The Right ◽  
United Nations Charter ◽  
Territorial States ◽  
Self Defence

AbstractThe right to self-defence in Article 51 of the United Nations Charter is increasingly being invoked in response to armed attacks conducted by armed groups located in a territory of another state, with or without the (direct) assistance of such a state. This article examines the implications of the invocation of the right to self-defence under these circumstances for the principles of attribution within thejus ad bellumparadigm. First, it illuminates how the threshold requirements for indirect armed attacks (that is, the state acting through a private actor) have been lowered since the 1986Nicaraguadecision of the International Court of Justice. In so doing, the article suggests that in order to prevent a complete erosion of the benchmarks of an indirect armed attack, the notions of ‘substantial involvement’ in an armed attack, ‘harbouring’, and ‘unwillingness’ should be interpreted as manifestations of due diligence. Thereafter, the article illustrates that there is also an increasing attribution of armed attacks directly to non-state actors, notably those located in areas over which territorial states have lost control. Such states could be depicted as being ‘unable’ to counter the activities of non-state actors. The article further submits that particularly in these instances, the principle of necessity within the self-defence paradigm can play an important role in curbing the potential for abuse inherent in the vague notion of ‘inability’, if interpreted in light of Article 25 of the Articles on State Responsibility for Internationally Wrongful Acts.

scholarly journals Towards the Design of a Community-Engaged Data Visualization Course

2019 ◽  
Vol 20 (2) ◽  
pp. 3-27
Author(s):  
Sharon Bratt
Keyword(s):  
Action Research ◽  
Data Visualization ◽  
Theory And Practice ◽  
Learning Design ◽  
Engaged Learning ◽  
The Core ◽  
Teacher As Researcher ◽  
Core Elements ◽  
Assessment Matrix

Educational action research bridges the gap between theory and practice; where the learning design is the proposed hypothesis and the classroom is where it is field-tested by the teacher as researcher (McKernan, 2007; Stenhouse, 1975). Through this lens we see inquiry as a deepened understanding of one’s own practice. The purpose of this study was to critically evaluate the design of an introduction to data visualization course with community-engaged learning as its core pedagogy.  Results show that many of the core elements of community-engaged learning were achieved at the exemplary level, based on the assessment matrix developed by Dahan and Seligsohn (2003). Several recommendations emerged, both situational and generalizable, which could enhance the redesign and improve the experience for practitioners who use community-engaged learning as a core pedagogy.

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