PROBLEMS AT THE ROOTS OF LAW ESSAYS IN LEGAL AND POLITICAL THEORY

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Problems At The Roots Of Law

Author : Joel Feinberg
ISBN : 9780195155266
Genre : Law
File Size : 32.13 MB
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Collects articles, on what the author terms "basic questions" about the law, particularly in regard to the relationship to morality. This volume reflects the diverse nature of his own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.
Category: Law

Towards Recognition Of Minority Groups

Author : Marek Zirk-Sadowski
ISBN : 9781317008880
Genre : Law
File Size : 56.76 MB
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This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.
Category: Law

Understanding Jurisprudence

Author : Raymond Wacks
ISBN : 9780198723868
Genre : Law
File Size : 36.45 MB
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With its clear and entertaining writing style, Understanding Jurisprudence is the perfect guide for students new to legal theory and looking for an accessible introduction to the subject. Key theories and theorists are introduced in a compact and easy-to-read format, offering an engaging account of the central ideas without oversimplification. Key quotes from leading scholars are included throughout the text, introducing you to their work and its impact on legal philosophy, while further reading suggestions help you to navigate the broad range of literature available in this area. Each chapter concludes with a series of critical questions designed to encourage you to think analytically about the law and the key ideas and debates which surround it. New to this editionRevised to include the most recent scholarship in several areas of jurisprudence, and to reflect the social and political developments that have influenced the law and legal theoryExpanded chapters on natural law, legal positivism, realism, rights, and theories of justiceNew and enhanced discussions of the rule of law, global justice, virtue ethics, human and animal rights, the economic analysis of law, and postmodernist theoriesUpdated suggested further reading lists and questions at the end of each chapter
Category: Law

Freedom And Fulfillment

Author : Joel Feinberg
ISBN : 069101924X
Genre : Philosophy
File Size : 43.99 MB
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Dealing with a diverse set of problems in practical and theoretical ethics, these fourteen essays, three of them previously unpublished, reconfirm Joel Feinberg's leading position in the field of legal philosophy. With a clarity and humor that will be familiar to readers of his other works, Feinberg writes on topics including "wrongful life" suits in the law of torts, or whether there is any sense in the remark that a person is so badly off that he would be better off not existing at all; the morality of abortion; educational options; free expression; civil disobedience; and the duty of easy rescue in criminal law. He continues with a three-part defense of moral rights in the abstract, a discussion of voluntary euthanasia, and an inquiry into arguments of various kinds for not granting legal rights in enforcement of a person's acknowledged moral rights. This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.Dealing with a diverse set of problems in practical and theoretical ethics, these fourteen essays, three of them previously unpublished, reconfirm Joel Feinberg's leading position in the field of legal philosophy. With a clarity and humor that will be familiar to readers of his other works, Feinberg writes on topics including "wrongful life" suits in the law of torts, or whether there is any sense in the remark that a person is so badly off that he would be better off not existing at all; the morality of abortion; educational options; free expression; civil disobedience; and the duty of easy rescue in criminal law. He continues with a three-part defense of moral rights in theabstract, a discussion of voluntary euthanasia, and an inquiry into arguments of various kinds for not granting legal rights in enforcement of a person's acknowledged moral rights. This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.
Category: Philosophy

Encyclopedia Of Philosophy Determinables Fuzzy Logic

Author : Donald M. Borchert
ISBN : 0028657837
Genre : Philosophy
File Size : 63.3 MB
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Containing material from hundreds of highly distinguished contributors representing the world's top universities and institutions, the second edition has a truly global perspective. It contains more than 2,100 entries -- including more than 450 new articles. Among the many topics covered are African, Islamic, Jewish, Russian, Chinese, and Buddhist philosophies; bioethics and biomedical ethics; art and aesthetics; epistemology; metaphysics; peace and war; social and political philosophy; the Holocaust; feminist thought; and much more. Additionally, the second edition also features 1,000 biographical entries on major figures in philosophical thought throughout history.
Category: Philosophy

Strafen Aus Respekt Vor Der Menschenw Rde

Author : Jean-Christophe Merle
ISBN : 9783110922691
Genre : Law
File Size : 40.28 MB
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The justification and commensurability of punishments is a central problem of all state and social philosophies. This essay is concerned with theories of retribution and theories of general prevention of crime, and works out its own point of view in a combination of the concept that the purpose of punishment is to deter the offender and resocialization, and derives from this a plea for a system for dealing with criminals which respects their human dignity.
Category: Law

Law And Religion

Author : Stephen M. Feldman
ISBN : 081472678X
Genre : Law
File Size : 29.39 MB
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Following landmark trade agreements between Japan and the United States in the 1850s, Tokyo began importing a unique American commodity: Western social activism. As Japan sought to secure its future as a commercial power and American women pursued avenues of political expression, Protestant church-women and, later, members of the Women's Christian Temperance Union (WCTU) traveled to the Asian coast to promote Christian teachings and women's social activism. Rumi Yasutake reveals in Transnational Women's Activism that the resulting American, Japanese, and first generation Japanese-American women's movements came to affect more than alcohol or even religion. While the WCTU employed the language of evangelism and Victorian family values, its members were tactfully expedient in accommodating their traditional causes to suffrage and other feminist goals, in addition to the various political currents flowing through Japan and the United States at the turn of the nineteenth century. Exploring such issues as gender struggles in the American Protestant church and bourgeois Japanese women's attitudes towards the "pleasure class" of geishas and prostitutes, Yasutake illuminates the motivations and experiences of American missionaries, U.S. WCTU workers, and their Japanese protégés. The diverse machinations of WCTU activism offer a compelling lesson in the complexities of cultural imperialism.
Category: Law