A Philosophical Reconsideration Of Aspects Of The Global Legal Order
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A Philosophical Reconsideration Of Aspects Of The Global Legal Order
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Author : John Linarelli
language : en
Publisher:
Release Date : 2015
A Philosophical Reconsideration Of Aspects Of The Global Legal Order written by John Linarelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Ethical problems categories.
Some of the most pressing challenges in moral and political philosophy have to do with identifying the moral principles relevant to global law and politics. A related challenge is one for legal philosophy: how to identify and elucidate the features of legal order as it transitions from existing as primarily an institutional normative order of the state to a globally distributed hierarchy of norms. The core claim of this dissertation is that the contemporary notion of the international law, historically contingent as it is and embedded in an idea of the modern state in the process of change, has to be fundamentally re-worked, both descriptively and normatively. From the standpoint of description, the prevailing concept of international law itself does not adequately capture what is happening in institutional normative ordering at the global level. From the standpoint of normative theory, international law is in need of a focus away from sovereign equality and towards human equality, a move away from Hobbesian justification based on power and bargain and towards Kantian justification based on impartiality and reasonable acceptance. In addition, political philosophy has to adapt to deal with the way that law makes claims on persons both within and outside of states, regardless of its formal designation as international or domestic law. These claims place the dissertation squarely within the two principal methods of legal philosophy, analytical jurisprudence and moral theorizing about the law, a branch of political philosophy but often labeled by legal philosophers as normative jurisprudence. The chapters in this dissertation deal with these themes, as they have previously been explored in my publications.
Jurisprudence In A Globalized World
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Author : Jorge Luis Fabra-Zamora
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
Jurisprudence In A Globalized World written by Jorge Luis Fabra-Zamora and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
The Philosophy Of Legal Change
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Author : Maciej Chmieliński
language : en
Publisher: Routledge
Release Date : 2019-07-05
The Philosophy Of Legal Change written by Maciej Chmieliński and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-05 with Law categories.
Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
Reason Democracy Society
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Author : Sebastián Urbina
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Reason Democracy Society written by Sebastián Urbina and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Law categories.
Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
Legal Positivism In A Global And Transnational Age
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer Nature
Release Date : 2019-08-30
Legal Positivism In A Global And Transnational Age written by Luca Siliquini-Cinelli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with Law categories.
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Philosophy And International Law
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Author : David Lefkowitz
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Philosophy And International Law written by David Lefkowitz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Law categories.
In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law.
Law And The Social Order
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Author : Morris Raphael Cohen
language : en
Publisher: [Hamden, Conn.] : Archon Books
Release Date : 1967
Law And The Social Order written by Morris Raphael Cohen and has been published by [Hamden, Conn.] : Archon Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Jurisprudence categories.
Rethinking The Foundations
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Author : Romel Regalado Bagares
language : en
Publisher:
Release Date : 2010
Rethinking The Foundations written by Romel Regalado Bagares and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
An exploration on the social and legal ontologies of the late Dutch Christian philosopher Herman Dooyeweerd (1894-1977) as these apply to international law. Indeed, for the most part, scholarship on Dooyeweerdian philosophy -- expressed to its fullest in his magisterial three-volume work The New Critique of Theoretical Thought (1953-1958) -- has largely centered on its domestic elaboration in relation to public justice as a task of the state. The paper proffers a first elaboration on some key themes in contemporary international law from a Dooyeweerdian perspective. Yet, I can only hope in this present work to deal with what my imagined readers may treat as a preliminary inquiry into the implications of the Dutch philosopher's social ontology, in other words, his theory of sphere sovereignty, on such issues as sovereignty (the individuality of states), the United Nations (as an embodiment of notions of community in the international plane) and international justice (the notion of collective/communal concern in the context of an international ordre public). Here I interact with such diverse international legal theorists as Crawford, Slaughter, Koskenniemi, Mieville, Franck, Nijman and Lauterpacht, among others, to illuminate, clarify or otherwise reformulate Dooyeweerdian thought in relation to such issues in international legal theory as sovereignty, international legal personality and international community.
Legal Spaces
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Author : Sabine Müller-Mall
language : en
Publisher: Springer
Release Date : 2013-04-26
Legal Spaces written by Sabine Müller-Mall and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-26 with Law categories.
This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.
Proceedings Of The World Congress Of The International Association For Philosophy Of Law And Social Philosophy Ivr
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Author : Internationale Vereinigung für Rechts- und Sozialphilosophie
language : en
Publisher: Franz Steiner Verlag
Release Date : 2004
Proceedings Of The World Congress Of The International Association For Philosophy Of Law And Social Philosophy Ivr written by Internationale Vereinigung für Rechts- und Sozialphilosophie and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.