Law Obligation Community


Law Obligation Community
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Law Obligation Community


Law Obligation Community
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Author : Daniel Matthews
language : en
Publisher: Routledge
Release Date : 2018

Law Obligation Community written by Daniel Matthews and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.


Against an ever-expanding and diversifying 'rights talk', this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply 'bound beings', to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.



Law Obligation Community


Law Obligation Community
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Author : Daniel Matthews
language : en
Publisher: Routledge
Release Date : 2018-06-27

Law Obligation Community written by Daniel Matthews and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-27 with Law categories.


Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.



Community Law In The French Courts


Community Law In The French Courts
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Author : Eric E. Bergsten
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-01

Community Law In The French Courts written by Eric E. Bergsten 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 2013-12-01 with Law categories.


The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.



Rethinking Rights And Responsibilities


Rethinking Rights And Responsibilities
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Author : Arthur J. Dyck
language : en
Publisher: Georgetown University Press
Release Date : 2005-02-08

Rethinking Rights And Responsibilities written by Arthur J. Dyck and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02-08 with Religion categories.


As members of various and often conflicting communities, how do we reconcile what we have come to understand as our human rights with our responsibilities toward one another? With the bright thread of individualism woven through the American psyche, where can our sense of duty toward others be found? What has happened to our love—even our concern—for our neighbor? In this revised edition of his magisterial exploration of these critical questions, renowned ethicist Arthur Dyck revisits and profoundly hones his call for the moral bonds of community. In all areas of contemporary life, be it in business, politics, health care, religion—and even in family relationships—the "right" of individuals to consider themselves first has taken precedence over our responsibilities toward others. Dyck contends that we must recast the language of rights to take into account our once natural obligations to all the communities of which we are a part. Rethinking Rights and Responsibilities, at the nexus of ethics, political theory, public policy, and law, traces how the peculiarly American formulations of the rights of the individual have assaulted our connections with, and responsibilities for, those around us. Dyck critically examines contemporary society and the relationship between responsibilities and rights, particularly as they are expressed in medicine and health care, to maintain that while indeed rights and responsibilities form the moral bonds of community, we must begin with the rudimentary task of taking better care of one another.



State Punishment


State Punishment
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Author : Nicola Lacey
language : en
Publisher: Routledge
Release Date : 2012-10-12

State Punishment written by Nicola Lacey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-12 with Philosophy categories.


Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.



Community Interests Across International Law


Community Interests Across International Law
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Author : Eyal Benvenisti
language : en
Publisher: Oxford University Press
Release Date : 2018

Community Interests Across International Law written by Eyal Benvenisti 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 2018 with Law categories.


This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.



Enforcing Obligations Erga Omnes In International Law


Enforcing Obligations Erga Omnes In International Law
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Author : Christian J. Tams
language : en
Publisher:
Release Date : 2005

Enforcing Obligations Erga Omnes In International Law written by Christian J. Tams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Customary law, International categories.


The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades. This book shows how this highly controversial concept has become part of modern-day international law, and how it will enhance human rights in the future.



The Concept Of International Obligations Erga Omnes


The Concept Of International Obligations Erga Omnes
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Author : Maurizio Ragazzi
language : en
Publisher: Oxford University Press, USA
Release Date : 1997

The Concept Of International Obligations Erga Omnes written by Maurizio Ragazzi and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Language Arts & Disciplines categories.


This is the first monograph on the idea of obligations erga omnes, an increasingly important concept in contemporary international law. Maurizio Ragazzi employs a pragmatic approach that identifies five common elements among the examples of obligations erga omnes given by the International Court. These five properties are then discussed comparatively.



The Fundamental Rules Of The International Legal Order


The Fundamental Rules Of The International Legal Order
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Author : Christian Tomuschat
language : en
Publisher: BRILL
Release Date : 2006

The Fundamental Rules Of The International Legal Order written by Christian Tomuschat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.



Rethinking Rights And Responsibilities


Rethinking Rights And Responsibilities
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Author : Arthur J. Dyck
language : en
Publisher:
Release Date : 1994

Rethinking Rights And Responsibilities written by Arthur J. Dyck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Communities categories.