Download or read book Droit naturel et histoire written by Leo Strauss and published by . This book was released on 1986 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Droit naturel et histoire, maître livre de Léo Strauss, est reconnu comme un classique de la philosophie de notre siècle, spécialement de la philosophie politique. Léo Strauss illustre et défend l'idée de droit naturel contre tout relativisme historique. Pour lui, le besoin du droit naturel est manifeste. En effet, rejeter le droit naturel revient à dire que tout droit est positif, autrement dit, que le droit est déterminé exclusivement par les législateurs et les tribunaux des différents pays. Or, on ne contestera pas qu'il existe des lois ou des décisions que l'on déclarera injustes. Au nom de quoi faire cette déclaration ? La réponse est donnée majoritairement de nos jours par les sciences sociales qui rejettent le droit naturel au nom de l'histoire et au nom de la différence entre Faits et Valeurs. Léo Strauss s'inscrit en faux contre cette réduction et plaide pour le maintien de la notion de droit naturel, seule source, selon lui, d'une pensée du Juste et de l'Injuste. Depuis Grotius (Le Droit des Gens), la notion de droit naturel est au principe de la philosophie politique moderne (Hobbes, Rousseau...). Dans sa forme classique, le droit naturel est lié à une perspective téléologique de l'univers. Comment le repenser sous une forme actuelle? Tel est le dessein de l'ouvrage de Léo Strauss. Ecrit dans une langue très claire et précise, proposant des analyses remarquables de Machiavel, Hobbes, Locke, Rousseau et Burke, Droit naturel et Histoire est un livre d'une exceptionnelle valeur.
Download or read book The Human Right to Water Justice or Sham written by Evelyne Fiechter-Widemann and published by Wipf and Stock Publishers. This book was released on 2017-05-05 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water is a matter of life and death. Advanced technology and engineering enable humans to gain better access to it. Nonetheless, the conditions and effort required to reach this goal remain colossal in many countries. Building a lasting infrastructure for adequate treatment before and after use is costly. Therefore, the author believes that a radical change of thinking among people around the world, from the domestic to the large-scale users, becomes a priority. Even if the United Nations entitles all people to justice for water, more responsible and ethical use of it by all interested parties is more important than the spreading of promises, which, in practice, may turn out to be a sham. Only a better understanding that access to water rests on the efforts of everyone, without exception, will reduce overuse, waste, and pollution of the indispensable resource. This volume, while written from a theological, philosophical, and legal perspective (focusing on John Calvin, John Rawls, and Paul Ricoeur), demonstrates that water cannot be merely understood as a human right, but also has to be dealt with from an economic point of view as well as under the authority of the Golden Rule.
Download or read book Theory and Politics of the Law of Nations written by Tetsuya Toyoda and published by Martinus Nijhoff Publishers. This book was released on 2011-09-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers in the seventeenth and eighteenth centuries.
Download or read book Legisprudence written by Luc J. Wintgens and published by Routledge. This book was released on 2016-04-22 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
Download or read book Republicanism Volume 1 Republicanism and Constitutionalism in Early Modern Europe written by Martin van Gelderen and published by Cambridge University Press. This book was released on 2002-11-21 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: These volumes are the fruits of a major European Science Foundation project and offer the first comprehensive study of republicanism as a shared European heritage. Whilst previous research has mainly focused on Atlantic traditions of republicanism, Professors Skinner and van Gelderen have assembled an internationally distinguished set of contributors whose studies highlight the richness and diversity of European traditions. Volume I focuses on the importance of anti-monarchism in Europe and analyses the relationship between citizenship and civic humanism, concluding with studies of the relationship between constitutionalism and republicanism in the period between 1500 and 1800. Volume II, first published in 2002, is devoted to the study of key republican values such as liberty, virtue, politeness and toleration. This volume also addresses the role of women in European republican traditions, and contains a number of in-depth studies of the relationship between republicanism and the rise of a commercial society in early modern Europe.
Download or read book The Terror of Natural Right written by Dan Edelstein and published by University of Chicago Press. This book was released on 2009-10-15 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.
Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.
Download or read book Freedom of Expression written by Ioanna Tourkochoriti and published by Cambridge University Press. This book was released on 2021-11-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two legal systems founded on similar Enlightenment philosophical and political values use state coercion differently to regulate a liberty at the core of the Enlightenment: 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.
Download or read book Affirmative Exclusion written by Jean-Loup Amselle and published by Cornell University Press. This book was released on 2003 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jean-Loup Amselle explores the issue of multiculturalism by delving into the history of France's confrontation with ethnic difference. Amselle analyzes France's relationship to Egypt, Algeria, and Senegal to show how ideas about difference and assimilation played out in French colonial policies and how these same tensions continue to be problematic as France grapples with cultural pluralism. Amselle's book has timely and wide-ranging implications. Arguing against the "liberal communitarian state" as it exists in the United States, Amselle contends that an overemphasis on difference can lead to what he calls "affirmative exclusion"--the flip side of affirmative action. The recognition of a multiplicity of ethnic groups in France, he asserts, creates an environment that fosters racism. "Despite an outward appearance of generosity, supporters of French-style multiculturalism, by promoting 'affirmative action,' run the risk of creating as many difficulties as there are 'target groups,' which they have helped identify and hence produce." Calling on theories of racial difference devised by early anthropologists--most notably, Louis Faidherbe--and on the work of political philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau, Amselle makes historical and sociological sense of the debates over multiculturalism and the violence they engender. Toward a French Multiculturalism proposes directions for the future.
Download or read book Recueil Des Cours Collected Courses 1934 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Manuel Du Bibliophile written by Gabriel Peignot and published by . This book was released on 1823 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Revue internationale de philosophie written by and published by . This book was released on 1989 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Republicanism written by Martin van Gelderen and published by Cambridge University Press. This book was released on 2002 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: These volumes offer the first comprehensive study of republicanism as a shared European heritage. Professors Skinner and van Gelderen have assembled an internationally distinguished set of contributors whose studies highlight the richness and diversity of European republican traditions. Volume I looks at anti-monarchism in Europe, humanist theories of citizenship and the constitutional nature of the republic. Volume II is devoted to the study of key republican values --liberty, virtue, politeness and toleration. It also addresses the role of women and relationship between republicanism and the rise of a commercial society. -- Amazon.com.
Download or read book Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1980-04 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Rethinking Natural Law written by Paulo Ferreira da Cunha and published by Springer Science & Business Media. This book was released on 2012-12-14 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reason and Nature written by Morris R. Cohen and published by Routledge. This book was released on 2018-12-14 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1931, this volume represents the culmination of twenty years’ of the study on the principles of science. Noticing a widespread craving for philosophical light at a time of scant such offerings, Morris R. Cohen aimed to demonstrate here the fundamental and ancient connection between nature and science - between hearts and minds – in an attempt to salve the developing mutual hostility between the two in the 1920s. The volume bears particular relation to George Santayana’s Life of Reason and Bertrand Russell’s Principles of Mathematics and explores areas including the character of the insurgence against reason and reason in the contexts of the natural and social sciences.
