Common Good Law
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Common Good Constitutionalism
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Author : Adrian Vermeule
language : en
Publisher: John Wiley & Sons
Release Date : 2022-02-08
Common Good Constitutionalism written by Adrian Vermeule and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with Political Science categories.
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
International Law For Common Goods
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Author : Federico Lenzerini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
International Law For Common Goods written by Federico Lenzerini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
The State Justice And The Common Good
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Author : Bernard James Diggs
language : en
Publisher: Scott Foresman
Release Date : 1974
The State Justice And The Common Good written by Bernard James Diggs and has been published by Scott Foresman this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.
Natural Law In Jurisprudence And Politics
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Author : Mark C. Murphy
language : en
Publisher: Cambridge University Press
Release Date : 2006-03-13
Natural Law In Jurisprudence And Politics written by Mark C. Murphy 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 2006-03-13 with Philosophy categories.
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
For The Common Good
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Author : Matthew W. Finkin
language : en
Publisher: Yale University Press
Release Date : 2009-04-21
For The Common Good written by Matthew W. Finkin and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-21 with Education categories.
This book offers a concise explanation of the history and meaning of American academic freedom, and it attempts to intervene in contemporary debates by clarifying the fundamental functions and purposes of academic freedom in America.--From publisher description.
The Collapse Of The Common Good
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Author : Philip K. Howard
language : en
Publisher: Ballantine Books
Release Date : 2007-12-18
The Collapse Of The Common Good written by Philip K. Howard and has been published by Ballantine Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Law categories.
In pursuit of fairness at any cost, we have created a society paralyzed by legal fear: Doctors are paranoid and principals powerless. Little league coaches, scared of liability, stop volunteering. Schools and hospitals start to crumble. The common good fades, replaced by a cacophony of people claiming their “individual rights.” By turns funny and infuriating, this startling book dissects the dogmas of fairness that allow self-interested individuals to bully the rest of society. Philip K. Howard explains how, trying to honor individual rights, we removed the authority needed to maintain a free society. Teachers don’t even have authority to maintain order in the classroom. With no one in charge, the safe course is to avoid any possible risk. Seesaws and diving boards are removed. Ridiculous warning labels litter the American landscape: “Caution: Contents Are Hot.” Striving to protect “individual rights,” we ended up losing much of our freedom. When almost any decision that someone disagrees with is a possible lawsuit, no one knows where he stands. A huge monument to the unknown plaintiff looms high above America, casting a dark shadow across our daily choices. Today, in the land of free speech, you’d have to be a fool to say what you really think. This provocative book not only attacks the sacred cows of political correctness, but takes a breathtakingly bold stand on how to reinvigorate our common good. Only by restoring personal authority can schools begin to work again. Only by judges and legislatures taking back the authority to decide who can sue for what can doctors feel comfortable using their best judgment and American be liberated to say and do what they know is right. Lucid, honest, and hard hitting, The Collapse of the Common Good shows how Americans can bring back freedom and common sense to a society disabled by lawyers and legal fear.
Human Rights And Common Good
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Author : John Finnis
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
Human Rights And Common Good written by John Finnis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
This central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights — a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution. The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume's previously unpublished papers include a foundational consideration of labour unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.
The Common Good And Christian Ethics
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Author : David Hollenbach
language : en
Publisher: Cambridge University Press
Release Date : 2002-08
The Common Good And Christian Ethics written by David Hollenbach 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 2002-08 with Religion categories.
The Common Good and Christian Ethics rethinks the ancient tradition of the common good in a way that addresses contemporary social divisions, both urban and global. David Hollenbach draws on social analysis, moral philosophy, and theological ethics to chart new directions in both urban life and global society. He argues that the division between the middle class and the poor in major cities and the challenges of globalisation require a new commitment to the common good and that both believers and secular people must move towards new forms of solidarity.
Common Good Law
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Author : Andrew C. Ferguson (solicitor.)
language : en
Publisher:
Release Date : 2006
Common Good Law written by Andrew C. Ferguson (solicitor.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Commons categories.
International Law For Common Goods
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Author : Federico Lenzerini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
International Law For Common Goods written by Federico Lenzerini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.