Legal Reductionism And Freedom
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Legal Reductionism And Freedom
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Author : Martin V.B.P.M. van Hees
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Legal Reductionism And Freedom written by Martin V.B.P.M. van Hees 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 2012-12-06 with Philosophy categories.
Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology. The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy. The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.
Law Order And Freedom
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Author : C.W. Maris
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-08
Law Order And Freedom written by C.W. Maris 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 2011-09-08 with Philosophy categories.
The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.
Autonomy Freedom And Rights
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Author : Emilio Santoro
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Autonomy Freedom And Rights written by Emilio Santoro 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 Philosophy categories.
For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external 'pressures'.
Freedom And The Law
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Author : Bruno Leoni
language : en
Publisher:
Release Date : 2011-07-01
Freedom And The Law written by Bruno Leoni and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-01 with categories.
Positive Freedom And The Law
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Author : Kim Treiger-Bar-Am
language : en
Publisher: Routledge
Release Date : 2019-07-25
Positive Freedom And The Law written by Kim Treiger-Bar-Am and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-25 with Law categories.
This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors – including so-called users – are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers – including those whose interpretation of Jewish law differs from that adopted by the authorities – are respected.
Freedom And Force
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Author : Sari Kisilevsky
language : en
Publisher: Hart Publishing
Release Date : 2017
Freedom And Force written by Sari Kisilevsky and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Free Will And The Law
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Author : Allan McCay
language : en
Publisher: Routledge
Release Date : 2019-02-21
Free Will And The Law written by Allan McCay and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-21 with Law categories.
This volume brings together many of the world’s leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson’s libertarianism and its application to philosophy of law. The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson’s theory, and in Part II, six contributors discuss Hodgson’s libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume’s importance lies not only in examining Hodgson’s distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.
Freedom Of Expression
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Author : Ioanna Tourkochoriti
language : en
Publisher:
Release Date : 2022
Freedom Of Expression written by Ioanna Tourkochoriti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Comparative law categories.
Two legal systems founded from similar Enlightenment philosophical and political values use state coercion differently to regulate a core liberty: the freedom of expression. This comparative study of France and the United States proposes a novel theory of how the limits of freedom of expression are informed by different revolutionary experiences and constitutional and political arrangements. Ioanna Tourkochoriti argues that the different ways freedom of expression is balanced against other values in France and the United States can be understood in reference to the role of the government and the understanding of republicanism and liberty. This understanding affects how jurists define the content and the limits of a liberty and strike a balance between liberties in conflict. Exploring both the legal traditions of the two countries, this study sheds new light on the broader historical, social and philosophical contexts in which jurists operate.
The Quality Of Freedom
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Author : Matthew H. Kramer
language : en
Publisher: OUP Oxford
Release Date : 2008-05-29
The Quality Of Freedom written by Matthew H. Kramer and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-29 with Political Science categories.
At least since the publication of Isaiah Berlin's famous essay "Two Concepts of Liberty" nearly half a century ago, political philosophers have argued vigorously over the relative merits of "positive" and "negative" accounts of freedom. Matthew Kramer writes squarely within the negative-liberty tradition, but he incorporates a number of ideas that are quite often associated with theories of positive liberty. Much of The Quality of Freedom is devoted to elaborating the necessary and sufficient conditions for the existence of particular freedoms and unfreedoms; however, the book's cardinal objective is to establish the measurability of each person's overall freedom and of each society's aggregate freedom. On the one hand, Kramer contends that the existence of any particular instance of liberty or unfreedom is a matter of fact that can be confirmed or disconfirmed without any reliance on evaluative or normative considerations. On the other hand, he argues that the extent of each person's overall freedom or unfreedom cannot be ascertained entirely in the absence of evaluative assumptions. By combining those two positions and developing them in detail, Kramer pits himself against all positive accounts of liberty and most negative accounts. In the course of so doing, he aims to demonstrate the rigorous measurability of overall liberty - something that many writers on freedom have casually dismissed as impossible. Although Kramer concentrates principally on constructing a systematic analysis of sociopolitical freedom, he engages critically with the work of many of the leading contemporary writers on the topic.
Legal Monism
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Author : Paul Gragl
language : en
Publisher: Oxford University Press
Release Date : 2018
Legal Monism written by Paul Gragl 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.
In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.