Ethik Und Recht Die Ethisierung Des Rechts Ethics And Law The Ethicalization Of Law
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Ethik Und Recht Die Ethisierung Des Rechts Ethics And Law The Ethicalization Of Law
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Author : Silja Vöneky
language : de
Publisher: Springer-Verlag
Release Date : 2013-12-06
Ethik Und Recht Die Ethisierung Des Rechts Ethics And Law The Ethicalization Of Law written by Silja Vöneky and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-06 with Law categories.
Ziel des Buches ist es, das neue Phänomen der "Ethisierung des Rechts" interdisziplinär zu erfassen und damit das grundsätzliche Verhältnis von Ethik und Recht neu zu bestimmen. Dies geschieht zum einen durch die Untersuchung des theoretischen Fundaments der Beziehung von Recht und Ethik im 21. Jahrhundert. Zum anderen wird an unterschiedlichen Rechts- und Lebensbereichen aufgezeigt, wie ethische Normen das nationale, europäische und internationale Recht durchdringen und ergänzen und wie die dabei auftretenden Probleme gelöst werden können.
Ethik Und Recht Die Ethisierung Des Rechts Ethics And Law The Ethicalization Of Law
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Author : Silja Vöneky
language : de
Publisher: Springer
Release Date : 2013-05-18
Ethik Und Recht Die Ethisierung Des Rechts Ethics And Law The Ethicalization Of Law written by Silja Vöneky and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-18 with Law categories.
Ziel des Buches ist es, das neue Phänomen der "Ethisierung des Rechts" interdisziplinär zu erfassen und damit das grundsätzliche Verhältnis von Ethik und Recht neu zu bestimmen. Dies geschieht zum einen durch die Untersuchung des theoretischen Fundaments der Beziehung von Recht und Ethik im 21. Jahrhundert. Zum anderen wird an unterschiedlichen Rechts- und Lebensbereichen aufgezeigt, wie ethische Normen das nationale, europäische und internationale Recht durchdringen und ergänzen und wie die dabei auftretenden Probleme gelöst werden können.
The Ethical Spirit Of Eu Law
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Author : Markus Frischhut
language : en
Publisher: Springer
Release Date : 2019-03-15
The Ethical Spirit Of Eu Law written by Markus Frischhut and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-15 with Law categories.
This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories (deontology, consequentialism, or virtue ethics)? Further, should these non-legal concepts be imported in an unaltered way (“absolute approach”), or be adapted to the legal context (“relative approach”)? This book explores the different layers of EU law (primary law, agreements, secondary law, and tertiary law), including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity.
Corruption Integrity And The Law
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Author : Nicholas Ryder
language : en
Publisher: Routledge
Release Date : 2020-02-11
Corruption Integrity And The Law written by Nicholas Ryder and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-11 with Law categories.
Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world – including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals – especially solicitors, barristers, businessmen and public servants.
Annual Review Of Law And Ethics
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Author :
language : de
Publisher:
Release Date : 2003
Annual Review Of Law And Ethics written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Criminal law categories.
Traditions And Transformations
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Author : Michaela Hailbronner
language : en
Publisher: Oxford University Press
Release Date : 2015-10-29
Traditions And Transformations written by Michaela Hailbronner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-29 with Law categories.
German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive understanding of the rule of law and the widespread support for its powerful Constitutional Court are typically explains in one of two ways: either as a story of change in a reaction to National Socialism or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to understand the rise of the German Constitutional Court. It interprets the particular features of German constitutional jurisprudence and the Court's strength as a reconciliation of two different legal paradigms: first, a hierarchical legal culture as described by Mirjan Damaska, building on Max Weber, as opposed to a more co-ordinated understanding of legal authority such as prevails in the United States and secondly, a more recent paradigm of transformative constitutionalism, which is most often associated with countries like South Africa and India. Using post-war legal history and sociological and empirical research in addition to case law, this book demonstrates how German developments reflect the frequently conflicting demands of these two legal paradigms - yielding an idiosyncratic synthesis in Value Formalism, a specific type of constitutional reasoning, at once pragmatic, open, formalist, and technical. Value Formalism however, also comes with serious problems, such as a lack of self-reflection in the Court's jurisprudence and the closure of constitutional discourse towards laymen.
Bird On An Ethics Wire
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Author : Margaret Somerville
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2015-11-01
Bird On An Ethics Wire written by Margaret Somerville and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-01 with Philosophy categories.
Our physical ecosystem is not indestructible and we have obligations to hold it in trust for future generations. The same is true of our metaphysical ecosystem - the values, principles, attitudes, beliefs, and shared stories on which we have founded our society. In Bird on an Ethics Wire, Margaret Somerville explores the values needed to maintain a world that reasonable people would want to live in and pass on to their descendants. Somerville addresses the conflicts between people who espouse "progressive" values and those who uphold "traditional" ones by casting her attention on the debates surrounding "birth" (abortion and reproductive technologies) and "death" (euthanasia) and shows how words are often used as weapons. She proposes that we should seek to experience amazement, wonder, and awe to enrich our lives and help us to find meaning. Such experiences, Somerville believes, can change how we see the world and live our lives, and affect the decisions we make, especially regarding values and ethics. They can help us to cope with physical or existential suffering, and ultimately put us in touch with the sacred - in either its secular or religious form - which protects what we must not destroy. Experiencing amazement, wonder, and awe, Somerville concludes, can also generate hope, without which our spirit dies. Both individuals and societies need hope, a sense of connection to the future, if the world is to make the best decisions about values in the battles that constitute the current culture wars.
Cynical International Law
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Author : Björnstjern Baade
language : en
Publisher: Springer Nature
Release Date : 2020-11-28
Cynical International Law written by Björnstjern Baade and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-28 with Law categories.
Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
The Law Of Interactions Between International Organizations
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Author : Henner Gött
language : en
Publisher: Springer Nature
Release Date : 2021-02-02
The Law Of Interactions Between International Organizations written by Henner Gött and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-02 with Law categories.
The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Global Constitutionalism
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Author : Aydin Atilgan
language : en
Publisher: Springer
Release Date : 2017-11-27
Global Constitutionalism written by Aydin Atilgan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.