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In Two Minds - - Bog - Oxford University Press - Plusbog.dk

In Two Minds - - Bog - Oxford University Press - Plusbog.dk

This book explores the idea that we have two minds - automatic, unconscious, and fast, the other controlled, conscious, and slow. In recent years there has been great interest in so-called dual-process theories of reasoning and rationality. According to such theories, there are two distinct systems underlying human reasoning - an evolutionarily old system that is associative, automatic, unconscious, parallel, and fast, and a more recent, distinctively human system that is rule-based, controlled, conscious, serial, and slow. Within the former, processes the former, processes are held to be innate and to use heuristics that evolved to solve specific adaptive problems. In the latter, processes are taken to be learned, flexible, and responsive to rational norms. Despite the attention these theories are attracting, there is still poor communication between dual-process theorists themselves, and the substantial bodies of work on dual processes in cognitive psychology and social psychology remain isolated from each other. This book brings together leading researchers on dual processes to summarize the state-of-the-art, highlight key issues, present different perspectives, explore implications, and provide a stimulus to further work. It includes new ideas about the human mind both by contemporary philosophers interested in broad theoretical questions about mental architecture and by psychologists specialising in traditionally distinct and isolated fields. For all those in the cognitive sciences, this is a book that will advance dual-process theorizing, promote interdisciplinary communication, and encourage further applications of dual-process approaches.

DKK 616.00
3

Enforcing European Union Law on Exports of Dual-use Goods - Anna Wetter - Bog - Oxford University Press - Plusbog.dk

Enforcing European Union Law on Exports of Dual-use Goods - Anna Wetter - Bog - Oxford University Press - Plusbog.dk

This report identifies and assesses the role that national law enforcement actors and public prosecutors in the EU member states play in helping prevent the proliferation of weapons of mass destruction (WMD) by stopping the illicit trade in dual-use items. In the 1980s and 1990s, some EU member states discovered cases of illegal trade in sensitive items for use in, for example, the Pakistani nuclear weapon programme. The report discusses how these cases were dealt with in these countries, using a case study model. Acknowledging that dual-use goods are subject to the free movement of goods within the EU, the report emphasizes the importance of coordinating customs and licensing standards among the EU member states to prevent abuse of the EU market for ''licence shopping''. It also presents the argument for the coordination of prosecution and penalties for offenders. In order to show the level of coordination that is required, the report provides an overview of both the international, EU and national legal frameworks for control of the export of dual-use goods.

DKK 949.00
3

The Dual State - Ernst Fraenkel - Bog - Oxford University Press - Plusbog.dk

The Dual State - Ernst Fraenkel - Bog - Oxford University Press - Plusbog.dk

The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler''s Germany. Ernst Fraenkel''s courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel''s innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel''s classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel''s 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel''s ethnography of law in historical and theoretical context.

DKK 449.00
3

From Dual to Cooperative Federalism - Robert Schutze - Bog - Oxford University Press - Plusbog.dk

From Dual to Cooperative Federalism - Robert Schutze - Bog - Oxford University Press - Plusbog.dk

What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find ''unity in diversity''. The two most influential manifestations of the federal principle emerged under the names of ''dual'' and ''cooperative'' federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book''s general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the ''middle ground'' between international and national law.But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the ''constitutionalisation'' of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe''s foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of ''unity in diversity''.

DKK 533.00
3

The Dual Penal State - Markus D. (professor Of Law Dubber - Bog - Oxford University Press - Plusbog.dk

The Dual Penal State - Markus D. (professor Of Law Dubber - Bog - Oxford University Press - Plusbog.dk

In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved.Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master''s or the state''s discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder''s whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century''s systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

DKK 334.00
4

The Dual Penal State - Markus D. (professor Of Law Dubber - Bog - Oxford University Press - Plusbog.dk

The Dual Penal State - Markus D. (professor Of Law Dubber - Bog - Oxford University Press - Plusbog.dk

The Dual Penal State addresses one of today''s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and barely constrained violence where radical and prolonged interference with citizens, upon whose autonomy the legitimacy of state power supposedly rests, has been utterly normalized. At its heart, the crisis of modern penality is a crisis of the liberal project itself and the penal paradox is the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states the book adopts a fresh approach. It uses historical and comparative analysis to reveal the fundamental distinction between two conceptions of penal power - penal law and penal police - that runs through Western legal-political history: one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. This dual penal state analysis illuminates how the law/police distinction manifests itself in various penal systems, from the American war on crime to the ahistorical methods of German criminal law science.

DKK 965.00
3