Rethinking Natural Law
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Rethinking Natural Law
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Author : Paulo Ferreira da Cunha
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-14
Rethinking Natural Law written by Paulo Ferreira da Cunha 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 2012-12-14 with Law categories.
For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.
Rethinking Order
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Author : Nancy Cartwright
language : en
Publisher:
Release Date : 2016
Rethinking Order written by Nancy Cartwright and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Cosmology categories.
Rethinking The Concept Of Law Of Nature
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Author : Yemima Ben-Menahem
language : en
Publisher: Springer Nature
Release Date : 2022-06-13
Rethinking The Concept Of Law Of Nature written by Yemima Ben-Menahem and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-13 with Science categories.
This book subjects the traditional concept of law of nature to critical examination. There are two kinds of reasons that invite this reexamination, one deriving from philosophical concerns over the traditional concept, the other motivated by theoretical and practical changes in science. One of the philosophical worries is that the idiom of law of nature, especially when combined with the notion of laws 'governing' individual events and processes, is no longer as intelligible as it used to be in the theistic context in which the formulation of laws became central to science. The traditional concept is also challenged in various ways by contemporary scientific theories such as quantum mechanics, chaos theory and the general theory of relativity. It is no longer clear that there are any universal laws, laws do not always guarantee predictability, and the border between physical and mathematical considerations is constantly shifting. The most difficult challenge, perhaps, is to come up with a scientific explanation of the origin of laws. Wrestling with these intriguing problems, the papers in this volume broaden both our understanding of the natural order and our desiderata of scientific explanation.
Rethinking Environmental Law
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Author : Laitos, Jan G.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-08-27
Rethinking Environmental Law written by Laitos, Jan G. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-27 with Law categories.
Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.
Tanaka K Tar And World Law
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Author : Kevin M. Doak
language : en
Publisher: Springer
Release Date : 2018-10-01
Tanaka K Tar And World Law written by Kevin M. Doak and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-01 with Political Science categories.
This book explores one of the 20th century’s most consequential global political thinkers and yet one of the most overlooked. Tanaka Kōtarō (1890-1974) was modern Japan’s pre-eminent legal scholar and jurist. Yet because most of his writing was in Japanese, he has been largely overlooked outside of Japan. His influence in Japan was extraordinary: the only Japanese to serve in all three branches of government, and the longest serving Chief Justice of the Supreme Court. His influence outside Japan also was extensive, from his informal diplomacy in Latin America in the prewar period to serving on the International Court of Justice in the 1960s. His stinging dissent on that court in the 1966 South-West Africa Case is often cited even today by international jurists working on human rights issues. Above and beyond these particular lines of influence, Tanaka outlined a unique critique of international law as inherently imperialistic and offered as its replacement a theory of World Law (aka “Global Law”) based on the Natural Law. What makes Tanaka’s position especially notable is that he defended the Natural Law not as a European but from his vantage point as a Japanese jurist, and he did so not from public law, but from his own expertise in private law. This work introduces Tanaka to a broader, English-reading public and hopes thereby to correct certain biases about the potential scope of ideas concerning human rights, universality of reason, law and ethics.
Rethinking The Sources Of International Law
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Author : Godefridus J. H. Hoof
language : en
Publisher: Brill Archive
Release Date : 1983-01-01
Rethinking The Sources Of International Law written by Godefridus J. H. Hoof and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-01-01 with Law categories.
Deals with the concept of sources of international law.
Rethinking Rights
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Author : Bruce P. Frohnen
language : en
Publisher: University of Missouri Press
Release Date : 2008-12-24
Rethinking Rights written by Bruce P. Frohnen and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-24 with Political Science categories.
As reports of genocide, terrorism, and political violence fill today’s newscasts, more attention has been given to issues of human rights—but all too often the sound bites seem overly simplistic. Many Westerners presume that non-Western peoples yearn for democratic rights, while liberal values of toleration give way to xenophobia. This book shows that the identification of rights with contemporary liberal democracy is inaccurate and questions the assumptions of many politicians and scholars that rights are self-evident in all circumstances and will overcome any conflicts of thought or interest. Rethinking Rights offers a radical reconsideration of the origins, nature, and role of rights in public life, interweaving perspectives of leading scholars in history, political science, philosophy, and law to emphasize rights as a natural outgrowth of a social understanding of human nature and dignity. The authors argue that every person comes to consciousness in a historical and cultural milieu that must be taken into account in understanding human rights, and they describe the omnipresence of concrete, practical rights in their historical, political, and philosophical contexts. By rooting our understanding of rights in both history and the order of existence, they show that it is possible to understand rights as essential to our lives as social beings but also open to refinement within communities. An initial group of essays retraces the origins and historical development of rights in the West, assessing the influence of such thinkers as Locke, Burke, and the authors of the Declaration of Independence to clarify the experience of rights within the Western tradition. A second group addresses the need to rethink our understanding of the nature of existence if we are to understand rights and their place in any decent life, examining the ontological basis of rights, the influence of custom on rights, the social nature of the human person, and the importance of institutional rights. Steering a middle course between radical individualist and extreme egalitarian views, Rethinking Rights proposes a new philosophy of rights appropriate to today’s world, showing that rights need to be rethought in a manner that brings them back into accord with human nature and experience so that they may again truly serve the human good. By engaging both the history of rights in the West and the multicultural challenge of rights in an international context, Rethinking Rights offers a provocative and coherent new argument to advance the field of rights studies.
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.
Civil Rights
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Author : Robin West
language : en
Publisher: Cambridge University Press
Release Date : 2019-08
Civil Rights written by Robin West 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 2019-08 with History categories.
All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society.
Rethinking Order
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Author : Nancy Cartwright
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-30
Rethinking Order written by Nancy Cartwright and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-30 with Philosophy categories.
This book presents a radical new picture of natural order. The Newtonian idea of a cosmos ruled by universal and exceptionless laws has been superseded; replaced by a conception of nature as a realm of diverse powers, potencies, and dispositions, a 'dappled world'. There is order in nature, but it is more local, diverse, piecemeal, open, and emergent than Newton imagined. In each chapter expert authors expound the historical context of the idea of laws of nature, and explore the diverse sorts of order actually presupposed by work in physics, biology, and the social sciences. They consider how human freedom might be understood, and explore how Newton's idea of a 'universal designer' might be revised, in this new context. They argue that there is not one unified totalizing program of science, aiming at the completion of one closed causal system. We live in an ordered universe, but we need to rethink the classical idea of the 'laws of nature' in a more dynamic and creatively diverse way.