Law's Ethical, Global and Theoretical Contexts

Essays in Honour of William Twining

Author: Upendra Baxi,Christopher McCrudden,Abdul Paliwala

Publisher: Cambridge University Press

ISBN: 1107116406

Category: Law

Page: 426

View: 7588

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Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.

In Pursuit of Pluralist Jurisprudence

Author: Nicole Roughan,Andrew Halpin

Publisher: Cambridge University Press

ISBN: 1316878562

Category: Law

Page: N.A

View: 7010

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The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.

The Force of Law Reaffirmed

Frederick Schauer Meets the Critics

Author: Christoph Bezemek,Nicoletta Ladavac

Publisher: Springer

ISBN: 3319339877

Category: Law

Page: 169

View: 6279

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This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties. While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.

Handbook on Global Constitutionalism

Author: Anthony F. Lang, Jr.,Antje Wiener

Publisher: Edward Elgar Publishing

ISBN: 1783477350

Category:

Page: 480

View: 3944

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This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.

Comparative Law in a Global Context

The Legal Systems of Asia and Africa

Author: Werner F. Menski

Publisher: Cambridge University Press

ISBN: 1139452711

Category: Law

Page: N.A

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Legal Education in the Global Context

Opportunities and Challenges

Author: Christopher Gane,Robin Hui Huang

Publisher: Taylor & Francis

ISBN: 1134804741

Category: Law

Page: 342

View: 9068

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This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.

International Environmental Law, Policy, and Ethics

Author: Alexander Gillespie

Publisher: OUP Oxford

ISBN: 0191022470

Category: Law

Page: 278

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This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.

The Ethics of Care

Personal, Political, and Global

Author: Virginia Held

Publisher: Oxford University Press

ISBN: 0199884552

Category: Philosophy

Page: 220

View: 2536

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Virginia Held assesses the ethics of care as a promising alternative to the familiar moral theories that serve so inadequately to guide our lives. The ethics of care is only a few decades old, yet it is by now a distinct moral theory or normative approach to the problems we face. It is relevant to global and political matters as well as to the personal relations that can most clearly exemplify care. This book clarifies just what the ethics of care is: what its characteristics are, what it holds, and what it enables us to do. It discusses the feminist roots of this moral approach and why the ethics of care can be a morality with universal appeal. Held examines what we mean by "care," and what a caring person is like. Where other moral theories demand impartiality above all, the ethics of care understands the moral import of our ties to our families and groups. It evaluates such ties, focusing on caring relations rather than simply on the virtues of individuals. The book proposes how such values as justice, equality, and individual rights can "fit together" with such values as care, trust, mutual consideration, and solidarity. In the second part of the book, Held examines the potential of the ethics of care for dealing with social issues. She shows how the ethics of care is more promising than Kantian moral theory and utilitarianism for advice on how expansive, or not, markets should be, and on when other values than market ones should prevail. She connects the ethics of care with the rising interest in civil society, and considers the limits appropriate for the language of rights. Finally, she shows the promise of the ethics of care for dealing with global problems and seeing anew the outlines of international civility.

Gerechtigkeit für Igel

Author: Ronald Dworkin

Publisher: Suhrkamp Verlag

ISBN: 3518780204

Category: Philosophy

Page: 813

View: 9890

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»Der Fuchs weiß viele Dinge, aber der Igel weiß eine große Sache.« Der griechische Dichter Archilochos hat diesen Satz formuliert, Isaiah Berlin hat ihn mit seinem Tolstoi-Essay berühmt gemacht. Aber was ist diese »eine große Sache«? Ronald Dworkin liefert eine Antwort: Es sind Werte in all ihren Erscheinungsformen. Wenn wir verstehen wollen, was Wahrheit und Schönheit sind, was dem Leben Sinn verleiht, was die Moral fordert und die Gerechtigkeit verlangt, so müssen wir der Spur jener moralischen Einstellungen nachgehen, die menschliches Denken, Fühlen und Handeln durchdringen und zu einer Einheit formen. »Gerechtigkeit für Igel« ist eines jener Bücher, wie es sie in Zeiten der Füchse – der Spezialisten und Skeptiker – immer seltener gibt: eines, das aus einem einzigen Prinzip eine ganze Welt erklären und zugleich Orientierung geben möchte.

Computer Ethics

A Global Perspective

Author: Stamatellos

Publisher: Jones & Bartlett Learning

ISBN: 0763740845

Category: Computers

Page: 141

View: 2082

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The rapid advancement of information technology in modern societies affects the way we live, communicate, work, and entertain. Computers and computer networks formulate an information age in which traditional ethical questions are re-examined and new questions arise concerning moral standards for human behavior. Computer Ethics: A Global Perspective presents a clear and concise introduction to the ethical and social issues sparked by our ever-growing information society at the local and global level. Designed for use as a main text in undergraduate and graduate courses that focus on computer, business, and applied ethics, the text is also ideal for the Information Technology in a Global Society course for the International Baccalaureate diploma. The text considers the impact of digitized information on individuals and societies and includes discussions on privacy, reliability, security, intellectual property, control, equality of access, and authenticity, with insights from the scientists and philosophers who have attempted to evaluate, explain, and resolve these issues. The text also discusses the social impact of information technology in different areas of human life such as business, health, education, entertainment and politics.

Law and Morality

Author: Leon Petrażycki

Publisher: Transaction Publishers

ISBN: 1412814693

Category: Law

Page: 335

View: 8114

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Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. --

Dilemmas of Life and Death

Hindu Ethics in a North American Context

Author: S. Cromwell Crawford

Publisher: SUNY Press

ISBN: 1438400047

Category: Religion

Page: 233

View: 3271

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This is a breakthrough work expanding the debate of the dilemmas of life and death in contemporary American society by carrying it beyond the insights of Western religious and philosophic thought to include ethical perspectives of the Hindu tradition. The topics covered are the timely ethical issues that concern both Americans and all people of the world — abortion, suicide, euthanasia, and the environment. A lively East-West dialogue probes the roots of each issue in its native setting, and the fruit of this historical approach is a clear-cut analysis of up-to-date cases, giving their current status in terms of ethics, religion, philosophy, medicine, and law. Unlike traditional textbooks that concentrate on a theoretical analysis to the exclusion of practical issues, this book does justice to both theoretical and practical ethics.

Politics of International Law and International Justice

Author: Edwin Egede

Publisher: Edinburgh University Press

ISBN: 0748684522

Category: Political Science

Page: 352

View: 5159

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A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

Law and Global Health

Current Legal Issues

Author: Michael Freeman,Sarah Hawkes,Belinda Bennett

Publisher: OUP Oxford

ISBN: 0191003468

Category: Political Science

Page: 600

View: 3887

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Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.

Das Recht der Völker

Enthält: "Nochmals: Die Idee der öffentlichen Vernunft"

Author: John Rawls

Publisher: Walter de Gruyter

ISBN: 3110898535

Category: Philosophy

Page: 294

View: 5803

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Welche Bedingungen lassen Völker gerecht und friedlich zusammenleben? Unter welchen Umständen sind Kriege gerechtfertigt? Welche Leitlinien müssen gegeben sein für Organisationen, die eine gerechte Gesellschaft von Völkern mit gleichen Rechten herzustellen vermögen? In acht Grundsätzen für eine gerechte internationale Ordnung entwickelt der amerikanische Philosoph John Rawls einen hypothetischen "Vertrag der Gesellschaft der Völker". Das jüngste Buch von John Rawls ist nach A Theory of Justice 1971, dt. 1975) und Political Liberalism (1993, dt. 1998) ein weiteres wichtiges Werk des bedeutenden amerikanischen Philosophen. Die Originalausgabe (The Law of Peoples, 1999) hat zu heftigen Kontroversen geführt.

Key Thinkers on Space and Place

Author: Phil Hubbard,Rob Kitchin,Gill Valentine

Publisher: SAGE Publications Limited

ISBN: 9780761949633

Category: Science

Page: 368

View: 1828

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`It is a safe bet that Key Thinkers will emerge as something of a 'hit' within the undergraduate community and will rise to prominance as a 'must buy' -Environment and Planning `Key Thinkers on Space and Place is an engagingly written, well-researched and very accessible book. It will surely prove an invaluable tool for students, whom I would strongly encourage to purchase this edited collection as one of the best guides to recent geographical thought' -Claudio Minca, University of Newcastle `Key Thinkers is the best encyclopedic tool for human geographers since the Dictionary of Human Geography. It takes into its orbit discussions of the lives and work of the last three decades' major thinkers on space and place. It is hugely useful for students who want an easy way to access the roots of where some major themes and debates in contemporary geography. It is organized so that each chapter details the scholar's biography, their contribution to spatial and place-based theory and the controversies that arise through their work' - Stuart Aitken, San Diego State University Key Thinkers on Space and Place is a comprehensive guide to the latest work on space. Each entry is a short interpretative essay of 2,500 words, outlining the contributions made by the key theorists, and comprises: · a concise biography, indicating disciplinary background, career trajectory and collaboration with others · an outline of the key theoretical, conceptual and methodological ideas each has introduced to human geography · an explanation of the reaction to, and uptake of, how these ideas has changed and evolved over time · an explanation of how these theories have been used and critiqued by human geographers · a selective bibliography of each thinker's key publications (and key secondary publications) The text is introduced by a contextual essay which outlines in general terms the shifting ways in which space and place have been theorised and which explains how Key Thinkers on Space and Place can be used. A glossary that defines key traditions, with cross-links to key theorists and a timeline of key article/book publication date is also included.

Global Feminist Ethics

Author: Peggy DesAutels,Rebecca Whisnant

Publisher: Rowman & Littlefield Publishers

ISBN: 9780742559103

Category: Philosophy

Page: 285

View: 497

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This volume is fourth in the series of annuals created under the auspices of The Association for Feminist Ethics and Social Theory (FEAST). The topics covered herein-from peacekeeping and terrorism, to sex trafficking and women's paid labor, to poverty and religious fundamentalism-are vital to women and to feminist movements throughout the world.

International Political Theory

An Introduction

Author: Anthony F Lang Jr.

Publisher: Macmillan International Higher Education

ISBN: 1137461802

Category: Political Science

Page: 248

View: 9123

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A wide-ranging introductory new textbook on International Political Theory, which provides a concise overview of the key theorists and concepts in the field to help examine, explain and evaluate the current global order, and to consider how we can respond to today's ethical and political dilemmas.

Globalisation and Business Ethics

Author: Karl Homann,Peter Koslowski,Dr Christoph Luetge

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409493326

Category: Political Science

Page: 256

View: 2352

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Globalization has become a common phenomenon, yet one that many people experience as a threat not only to their economic existence, but also to their cultural and moral self-image. This volume takes an interdisciplinary approach to provide a theoretical overview of how business ethics deals with the phenomenon of globalization. The authors first examine the origins and development of globalization and its interaction with business ethics, before discussing the impact on and role of national and multinational corporations. The book goes on to examine the relationship between industrialized and developing countries, and explores the place of ethics in globalized markets.