Neutrality And Theory Of Law
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Neutrality And Theory Of Law
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Author : Jordi Ferrer Beltrán
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-03
Neutrality And Theory Of Law written by Jordi Ferrer Beltrán 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 2013-04-03 with Law categories.
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
Moral Pluralism And Legal Neutrality
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 1989-12-31
Moral Pluralism And Legal Neutrality written by Wojciech Sadurski 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 1989-12-31 with Law categories.
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Traditional Neutrality Revisited Law Theory And Case Studies
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Author : Elizabeth Chadwick
language : en
Publisher: Springer
Release Date : 2002-04-10
Traditional Neutrality Revisited Law Theory And Case Studies written by Elizabeth Chadwick and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-10 with Law categories.
This volume explores the extent to which frameworks of tradional neutrality might remain useful in modern contexts of peace and war, notwithstanding the technical prohibition of war in the Charter of the United Nations. Traditional neutrality constituted a system through which non-belligerent states could remain at peace with warring states, and thereby avoid attack and continue peacetime trading relations. The essays here collected deal with the rules of neutrality as they had developed and operated generally by the outbreak of World War 1, those variations in and alternatives to traditional neutrality which arose in the aftermath of World War 1, and particular aspects of the legacy of neutrality which continue to survive in the post-1945 era. It is argued that the operable rules of traditional neutrality foundered in the face of industrialized warfare, but that the retreat from the 'logic' of neutrality in the modern era has been premature.
Moral Pluralism And Legal Neutrality
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-14
Moral Pluralism And Legal Neutrality written by Wojciech Sadurski 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 2013-12-14 with Law categories.
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
The Theory And Practice Of Neutrality In The Twentieth Century
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Author : Roderick Ogley
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-01
The Theory And Practice Of Neutrality In The Twentieth Century written by Roderick Ogley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-01 with Political Science categories.
Originally published in 1970 The Theory and Practice of Neutrality in the Twentieth Century documents the various shapes and forms that neutrality has taken. The most important are neutralization, traditional neutrality, ad hoc neutrality and non-alignment. Each of these terms is carefully defined and illustrated by documents running from the beginning of this century to the late 1960s. This enables students to judge for themselves whether neutrality can again become, as it was in the past, an honourable convenience, or whether, except in so far as it contributes to mediation and peacekeeping, it is an anachronism.
Neutrality In Contemporary International Law
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Author : James Upcher
language : en
Publisher: Oxford Monographs in Internati
Release Date : 2020-01-19
Neutrality In Contemporary International Law written by James Upcher and has been published by Oxford Monographs in Internati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-19 with Law categories.
The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Neutrality In International Law
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Author : Kentaro Wani
language : en
Publisher: Taylor & Francis
Release Date : 2017-02-24
Neutrality In International Law written by Kentaro Wani and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Law categories.
Neutrality is a legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The law of neutrality is a body of rules and principles that regulates the legal relations of neutrality. The law of neutrality obliges neutral States to treat all belligerent States impartially and to abstain from providing military and other assistance to belligerents. The law of neutrality is a branch of international law that developed in the nineteenth century, when international law allowed unlimited freedom of sovereign States to resort to war. Thus, there has been much debate as to whether such a branch of law remains valid in modern international law, which generally prohibits war and the use of force by States. While there has been much debate regarding the current status of neutrality in modern international law, there is a general agreement among scholars as to the basic features of the traditional law of neutrality. Wani challenges the conventional understanding of the traditional neutrality by re-examining the historical development of the law of neutrality from the sixteenth century to 1945. The modification of the conventional understanding will provide a fundamentally new framework for discussing the current status of neutrality in modern international law.
The Autonomy Of Law
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Author : Robert P. George
language : en
Publisher: Clarendon Press
Release Date : 1999
The Autonomy Of Law written by Robert P. George and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Electronic books categories.
This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
Philosophy Of Law A Very Short Introduction
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Author : Raymond Wacks
language : en
Publisher: OUP Oxford
Release Date : 2014-02-27
Philosophy Of Law A Very Short Introduction written by Raymond Wacks and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-27 with Law categories.
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The Theory And Practice Of Neutrality In The Twentieth Century
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Author : Roderick Ogley
language : en
Publisher:
Release Date : 1970
The Theory And Practice Of Neutrality In The Twentieth Century written by Roderick Ogley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Neutrality categories.