Download or read book Natural Law written by Alejandro Néstor García Martínez and published by Cambridge Scholars Publishing. This book was released on 2009-03-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. "Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call “human rights.” Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Néstor García Martínez, Mario Šilar and José M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors’s choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book." —Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas
Download or read book Jurisprudence in a Globalized World written by Jorge Luis Fabra-Zamora and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Download or read book Natural Law and the Possibility of a Global Ethics written by Mark J. Cherry and published by Springer Science & Business Media. This book was released on 2006-04-11 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature of moral pluralism; the limits of justifiable national and international policy seeking to produce and preserve human happiness, social justice, and the common good; the ways in which morality, moral epistemology, and social political reform must be set within the broader context of an appropriately philosophically and theologically anchored anthropology. This work will be of interest to philosophers, theologians, bioethicists, ethicists and political scientists.
Download or read book Constitutional Democracy in a Multicultural and Globalised World written by Thomas Fleiner and published by Springer Science & Business Media. This book was released on 2009-01-31 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.
Download or read book Multi Religious Perspectives on a Global Ethic written by Myriam Renaud and published by Routledge. This book was released on 2020-11-29 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ratified by the Parliament of the World’s Religions in 1993 and expanded in 2018, "Towards a Global Ethic (An Initial Declaration)," or the Global Ethic, expresses the minimal set of principles shared by people—religious or not. Though it is a secular document, the Global Ethic emerged after months of collaborative, interreligious dialogue dedicated to identifying a common ethical framework. This volume tests and contests the claim that the Global Ethic’s ethical directives can be found in the world’s religious, spiritual, and cultural traditions. The book features essays by scholars of religion who grapple with the practical implications of the Global Ethic’s directives when applied to issues like women’s rights, displaced peoples, income and wealth inequality, India’s caste system, and more. The scholars explore their respective religious traditions’ ethical response to one or more of these issues and compares them to the ethical response elaborated by the Global Ethic. The traditions included are Hinduism, Engaged Buddhism, Shi‘i Islam, Sunni Islam, Confucianism, Protestantism, Catholicism, Judaism, Indigenous African Religions, and Human Rights. To highlight the complexities within traditions, most essays are followed by a brief response by an expert in the same tradition. Multi-Religious Perspectives on a Global Ethic is of special interest to advanced students and scholars whose work focuses on the religious traditions listed above, on comparative religion, religious ethics, comparative ethics, and common morality.
Download or read book Rethinking Europe written by Gerard Delanty and published by Routledge. This book was released on 2005-09-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines major social transformations in Europe from the perspective of social theory. It offers an intriguing alternative to studies of the EU which emphasise the replacement of the nation-state by a supra-national authority.
Download or read book Human Rights and Natural Law written by Walter Schweidler and published by . This book was released on 2012 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights in the Emerging Global Order written by K. Mills and published by Springer. This book was released on 1998-09-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mills focuses on one of the most significant parts of the sovereignty debate on human rights and humanitarian issues and raises three interrelated questions. First, how are empirical processes and practices undermining traditional notions of sovereignty? These include actions by the United Nations and other organizations on behalf of human rights, such as humanitarian intervention, the movements of refugees and others across the borders, and increasing calls for communal self-determination. Second, taking into account the above question, and examining these issues from a normative political theory perspective, what should be the relationship between individuals, groups, states, and the international community with respect to the twin aspects of power and authority inherent in sovereignty? Third, what new or modified international institutions may be needed in the future to deal with these humanitarian issues?
Download or read book Global Governance and Biopolitics written by David Roberts and published by Bloomsbury Publishing. This book was released on 2009-12-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal work is the first fully to engage human security with power in the international system. It presents global governance not as impartial institutionalism, but as the calculated mismanagement of life, directing biopolitical neoliberal ideology through global networks, undermining the human security of millions. The book responds to recent critiques of the human security concept as incoherent by identifying and prioritizing transnational human populations facing life-ending contingencies en mass. Furthermore, it proposes a realignment of World Bank practices towards mobilizing indigenous provision of water and sanitation in areas with the highest rates of avoidable child mortality. Roberts demonstrates that mainstream IR's nihilistic domination of security thinking is directly responsible for blocking the realization of greater human security for countless people worldwide, whilst its assumptions and attendant policies perpetuate the dystopia its proponents claim is inevitable. Yet this book presents a viable means of achieving a form of human security so far denied to the most vulnerable people in the world.
Download or read book Globalization and Security written by G. Honor Fagan and published by Bloomsbury Publishing USA. This book was released on 2009-10-27 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique set provides an up-to-date overview of the impact of globalization on international security by examining how the interrelationships of economics, politics, and culture determine levels of stability within regions around the world. Globalization and Security: An Encyclopedia addresses the need for an authoritative, but accessible analysis of the impact of globalization on security and its multifaceted aspects. Broad in scope, this two-volume set covers the economic and political aspects of globalization, as well as its social and cultural impacts. More importantly, it is the first work to focus explicitly on security, including human security broadly conceived, and the role that globalization plays in the world's new and ever-evolving security environment. While more books on globalization are becoming available, none focus on the impact of globalism on security-related issues as this set does. Drawing on the expertise of specialists from many disciplines and nations, Globalization and Security directly addresses the needs of one of the fastest-growing areas of study, the intersection of globalization and security worldwide.
Download or read book The Culturalization of Human Rights Law written by Federico Lenzerini and published by OUP Oxford. This book was released on 2014-02-06 with total page 1409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.
Download or read book Human Rights and the Reinvention of Freedom written by Nick Stevenson and published by Routledge. This book was released on 2016-10-04 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to propose a reinvention of freedom under contemporary conditions of globalization, cross-border mobility, and neo-liberal dominance. There are currently two predominant myths circulating about freedom. The first is that in a global age growing numbers of citizens are less concerned with freedom than they are with security. Secondly, there is the presumption that freedom only refers to market freedom and consumerism, implying that the ideas of choice and consumption are interchangeable with ideas of freedom. Stevenson argues that while these arguments are significant, they are deeply misleading. More ‘authentic’ ideas of freedom such as self-realisation, participating in politics and seeking a meaningful life of self-reflection have not been entirely displaced but have instead become reinvented in our global times. The cries of freedom can still be heard in a multitude of places from the Arab Spring to the Occupy Movement and from the protests against European austerity to the current popularity of human rights. Stevenson also argues that the idea of freedom has become increasingly mobile in our interconnected and transnational society. The spaces and places of civil society are more complex in this global age, pushing ideas of freedom far beyond the usual arena of national politics. This volume brings together a diverse range of cultural interpretations in respect of freedom related to the idea of the commons, cosmopolitanism, contemporary documentary cinema and the history of jazz music. Exploring the ways in which notions of freedom are being re-made within the context of the present, and looking more precisely at the current threats to freedom, it will be of interest to students and scholars of globalization, human rights and cultural sociology.
Download or read book Human Right Concept written by Lucky Akaruese and published by Xlibris Corporation. This book was released on 2012-02-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human right concept (including its assumed particulars) was until the immediate post-World War 11 era referred to as natural right; and same derived from natural law (a concept in philosophy discourse). It has in todays world of politics and positive law, among others, assumed the status of universal core value presumed to bind together all human persons. Despite the unanimity of opinions in terms of the assumed characteristics of the particulars of the universal-human right, divergences bedevil views on the assumed particulars of human right. Such divergences largely emanate from weak knowledge of the historical evolution, including the epistemological and logical foundation of natural (human) right. This book gives an insightful overview of the historical foundation and the epistemology of natural (human) right; including its being a logical derivative/efflux from the humanness of every person which equally remain inherent in all persons. It concludes with the view that all assumed human rights enunciated in the different global declarations and conventions constitute category mistake by virtue of their phenomenal and social characteristics.
Download or read book Minority and Group Rights in the New Millennium written by Deirdre Fottrell and published by BRILL. This book was released on 2023-11-27 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1990s inter-ethnic conflicts threaten the stability of many states. As a result the issue of minority rights has become an urgent concern for international lawyers. Minority and Group Rights in the New Millennium examines the way in which existing international law and human rights instruments protect the rights of minorities. In addition the essays in this volume address current debates on the fundamental issue of defining a minority, the complex arguments for expanding existing definitions and the legitimacy of claims by specific groups to qualify for minority status.
Download or read book Awakening written by Vern Neufeld Redekop and published by Rowman & Littlefield. This book was released on 2019-11-12 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even if all of the elements we know to be significant in the process of reconciliation were present, reconciliation would not necessarily take place. Reconciliation is a nonlinear, nonalgorithmic process that involves “matters of the heart.” From emergent creativity and its links to mysticism, to the evolution of emotions as drivers of thought, Awakening weaves cutting-edge discoveries in complexity theory with philosophical reflections on consciousness and language, drawing on Lonergan and Wittgenstein. Awakening as a phenomenon takes on a vibrant vitality as an aspect of transpersonal psychology and it manifests as imperatives to take responsibility for our relationships, to address complex challenges of justice, and to adopt a heart-based approach to peacebuilding.
Download or read book Human Rights and Global Diversity written by R. Paul Churchill and published by Routledge. This book was released on 2016-09-16 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible text defends human rights as truly universal for all persons globally, while respecting the importance of plurality and cultural diversity. It is unique, as well, in discussing cross-cultural negotiations regarding human rights. The book shows that there is no inherent contradiction between human rights norms and social and cultural values, practices, and forms of life worthy of preservation.
Download or read book Sustainability and the Rights of Nature in Practise written by Cameron La Follette and published by CRC Press. This book was released on 2019-09-30 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainability and the Rights of Nature in Practice is the much-needed complementary volume to Sustainability and the Rights of Nature: An Introduction (CRC Press, May 2017). The first book laid out the international precursors for the Rights of Nature doctrine and described the changes required to create a Rights of Nature framework that supports Nature in a sustainable relationship rather than as an exploited resource. This follow-up work provides practitioners from diverse cultures around the world an opportunity to describe their own projects, successes, and challenges in moving toward a legal personhood for Nature. It includes contributions from Nepal, New Zealand, Canadian Native American cultures, Kiribati, the United States and Scotland, amongst others, by practitioners working on projects that can be integrated into a Rights of Nature framework. The authors also tackle required changes to shift the paradigm, such as thinking of Nature in a sacred manner, reorienting Nature’s rights and human rights, the conceptualization of restoration, and the removal of large-scale energy infrastructure. Curated by experts in the field, this expansive collection of papers will prove invaluable to a wide array of policymakers and administrators, environmental advocates and conservation groups, tribal land managers, and communities seeking to create or maintain a sustainable relationship with Nature. Features: Addresses existing projects that are successfully implementing a Rights of Nature legal framework, including the difference it makes in practice Presents the voices of practitioners not often recognized who are working in innovative ways towards sustainability and the need to grant a voice to Nature in human decision-making Explores new ideas from the insights of a diverse range of cultures on how to grant legal personhood to Nature, restrain damaging human activity, create true sustainability, and glimpse how a Rights of Nature paradigm can work in different societies Details the potential pitfalls to Rights of Nature governance and land use decisions from people doing the work, as well as their solutions Discusses the basic human needs for shelter, food, and community in entirely new ways: in relationship with Nature, rather than in conquest of it