Problems at the Roots of Law

Problems at the Roots of Law PDF Author: Joel Feinberg
Publisher: Oxford University Press on Demand
ISBN: 0195155262
Category : Law
Languages : en
Pages : 233

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Book Description
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.

Problems at the Roots of Law

Problems at the Roots of Law PDF Author: Joel Feinberg
Publisher:
ISBN: 9780199833177
Category : Law
Languages : en
Pages : 220

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Book Description
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.

Law

Law PDF Author: Raymond Wacks
Publisher: Oxford University Press, USA
ISBN: 0198745621
Category : Comparative law
Languages : en
Pages : 185

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Book Description
Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This 'Very Short Introduction' provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.

The Role of Ethics in International Law

The Role of Ethics in International Law PDF Author: Donald Earl Childress, III
Publisher: Cambridge University Press
ISBN: 1139503677
Category : Law
Languages : en
Pages : 291

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Book Description
The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

The Common Law

The Common Law PDF Author: Oliver Wendell Holmes
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 448

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Book Description


Tocqueville's Nightmare

Tocqueville's Nightmare PDF Author: Daniel R. Ernst
Publisher: Oxford University Press, USA
ISBN: 0199920869
Category : History
Languages : en
Pages : 241

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Book Description
De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.

Why Lawyers Derail Justice

Why Lawyers Derail Justice PDF Author: John C. Anderson
Publisher: Penn State Press
ISBN: 0271040041
Category : Law
Languages : en
Pages : 253

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Book Description


What's Wrong with Rights?

What's Wrong with Rights? PDF Author: Nigel Biggar
Publisher: Oxford University Press
ISBN: 0192606549
Category : Philosophy
Languages : en
Pages : 384

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Book Description
Are natural rights 'nonsense on stilts', as Jeremy Bentham memorably put it? Must the very notion of a right be individualistic, subverting the common good? Should the right against torture be absolute, even though the heavens fall? Are human rights universal or merely expressions of Western neo-imperial arrogance? Are rights ethically fundamental, proudly impervious to changing circumstances? Should judges strive to extend the reach of rights from civil Hamburg to anarchical Basra? Should judicial oligarchies, rather than legislatures, decide controversial ethical issues by inventing novel rights? Ought human rights advocates learn greater sympathy for the dilemmas facing those burdened with government? These are the questions that What's Wrong with Rights? addresses. In doing so, it draws upon resources in intellectual history, legal philosophy, moral philosophy, moral theology, human rights literature, and the judgments of courts. It ranges from debates about property in medieval Christendom, through Confucian rights-scepticism, to contemporary discussions about the remedy for global hunger and the justification of killing. And it straddles assisted dying in Canada, the military occupation of Iraq, and genocide in Rwanda. What's Wrong with Rights? concludes that much contemporary rights-talk obscures the importance of fostering civic virtue, corrodes military effectiveness, subverts the democratic legitimacy of law, proliferates publicly onerous rights, and undermines their authority and credibility. The solution to these problems lies in the abandonment of rights-fundamentalism and the recovery of a richer public discourse about ethics, one that includes talk about the duty and virtue of rights-holders.

The Insanity Defense

The Insanity Defense PDF Author: Za_uski, Wojciech
Publisher: Edward Elgar Publishing
ISBN: 1800379854
Category : Law
Languages : en
Pages : 160

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Book Description
This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophicalÐanthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology. In this thought-provoking book, Wojciech Za_uski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness.

The Bloomsbury Encyclopedia of Philosophers in America

The Bloomsbury Encyclopedia of Philosophers in America PDF Author: John R. Shook
Publisher: Bloomsbury Publishing
ISBN: 1472570561
Category : Philosophy
Languages : en
Pages : 944

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Book Description
For scholars working on almost any aspect of American thought, The Bloomsbury Encyclopedia to Philosophers in America presents an indispensable reference work. Selecting over 700 figures from the Dictionary of Early American Philosophers and the Dictionary of Modern American Philosophers, this condensed edition includes key contributors to philosophical thought. From 1600 to the present day, entries cover psychology, pedagogy, sociology, anthropology, education, theology and political science, before these disciplines came to be considered distinct from philosophy. Clear and accessible, each entry contains a short biography of the writer, an exposition and analysis of his or her doctrines and ideas, a bibliography of writings and suggestions for further reading. Featuring a new preface by the editor and a comprehensive introduction, The Bloomsbury Encyclopedia to Philosophers in America includes 30 new entries on twenty-first century thinkers including Martha Nussbaum and Patricia Churchland. With in-depth overviews of Waldo Emerson, Margaret Fuller, Noah Porter, Frederick Rauch, Benjamin Franklin, Thomas Paine and Thomas Jefferson, this is an invaluable one-stop research volume to understanding leading figures in American thought and the development of American intellectual history.