Download or read book Michel Villey et le droit naturel en question written by and published by Editions L'Harmattan. This book was released on 2000-11-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’oeuvre de Michel Villey, disparu en 1988, vise à retrouver la spécificité de droit dans le “droit naturel classique”, pensé par Aristote ou Saint Thomas, et mis en oeuvre par le droit romain. Ce qui engage une critique radicale du positivisme juridique ou de la doctrine des droits subjectifs, dont l’histoire de la philosophie nous indiquerait l’origine au XIVème siècle chez Guillaume d’Occam. Cete perspective est ici exposée et discutée, de manière parfois critique, mais toujours dans un souci d’attention à l’oeuvre qui joue le rôle d’interlocuteur, par des auteurs d’options philosophiques, et d’origines extrêmement diverses.
Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Download or read book The Philosophy of Law written by Christopher Berry Grey and published by Routledge. This book was released on 2013-07-04 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
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 The Philosophy of Law written by Christopher Berry Gray and published by Taylor & Francis. This book was released on 1999 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and to.
Download or read book Great Christian Jurists in French History written by Olivier Descamps and published by Cambridge University Press. This book was released on 2019-05-16 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: French legal culture, from the Middle Ages to the present day, has had an impressive influence on legal norms and institutions that have emerged in Europe and the Americas, as well as in Asian and African countries. This volume examines the lives of twenty-seven key legal thinkers in French history, with a focus on how their Christian faith and ideals were a factor in framing the evolution of French jurisprudence. Professors Olivier Descamps and Rafael Domingo bring together this diverse group of distinguished legal scholars and historians to provide a unique comparative study of law and religion that will be of value to scholars, lawyers, and students. The collaboration among French and non-French scholars, and the diversity of international and methodological perspectives, gives this volume its own unique character and value to add to this fascinating series.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Download or read book The Natural Law Reader written by Jacqueline A. Laing and published by John Wiley & Sons. This book was released on 2013-09-23 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights
Download or read book Sovereign In Equality in International Organizations written by Athena Debbie Efraim and published by BRILL. This book was released on 2021-10-25 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the dominant intellectual assumptions of mainstream international law scholarship regarding the principle of Sovereign Equality. The animus and scope of this challenge is situated in the context of the decision-making processes in International Governmental Organizations (IGOs) which employ the `one state, one vote' and/or the `weighted voting' rule. Using the theories of Functionalism and Legitimacy to analyze the legal implications and complications of the principal voting mechanisms and voting practices of certain key IGOs vis-à-vis the doctrine of Sovereign Equality, the author establishes that this doctrine has remained far too orthodox for contemporary realities. In this context, she emphasizes the importance of the necessity for functional legitimate decision-making processes in global governance, and, accordingly, advocates the elimination of the anachronistic and non-viable principle of Sovereign Equality from international institutional law. The author also rejects the introduction of any new principle in IGOs - e.g. democratic governance - which will render decision-making even less functional.
Download or read book Rights at the Margins written by Virpi Mäkinen and published by BRILL. This book was released on 2020-11-04 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights at the Margins explores the ways rights were available to those on the margins and their relationship with social justice in medieval and early modern thought. It also elaborates the relevance of some historical ideas in the contemporary context.
Download or read book The Idea of Natural Rights written by Brian Tierney and published by Wm. B. Eerdmans Publishing. This book was released on 2001 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.
Download or read book Modern Catholic Social Teaching written by Kenneth R. Himes, OFM and published by Georgetown University Press. This book was released on 2005-08-10 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an equal emphasis on every word in the title—and with a distinctly American perspective—Himes and his distinguished associate editors and contributors, have assembled the most thorough and authoritative assessment of modern Roman Catholic social teaching to date, likely to remain the touchstone volume for decades. This culmination of many years of effort by twenty stellar scholars has produced a reference work for anyone interested in understanding or studying the key documents that comprise the central corpus of Catholic social teaching. In addition to interrogations of the major documents, this volume provides an understanding of the biblical and philosophical foundations of Catholic social teaching, addresses the doctrinal issues that arise in such a context, and explores the social thought leading up to the "modern" era, generally accepted as beginning in 1891 with the publication of Pope Leo XIII's Rerum Novarum. Finally, there is a review of how Catholic social teaching has been received in the United States, and an informed look at the shortcomings and questions that future generations must address. By any standard, Modern Catholic Social Teaching is a remarkable work—intellectually rigorous and deeply faithful, it provides accessible and thought-provoking insights into the heart of a belief tradition that every Catholic will find invaluable.
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: A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.
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 427 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 The Politics of Human Rights written by Andrew Vincent and published by Oxford University Press. This book was released on 2010-07-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Human Rights provides a systematic introductory overview of the nature and development of human rights. At the same time it offers an engaging argument about human rights and their relationship with politics. The author argues that human rights have only a slight relation to natural rights and they are historically novel. In large part they are a post-1945 reaction to genocide which is, in turn, linked directly to the lethal potentialities of thenation-state. He suggests that an understanding of human rights should nonetheless focus primarily on politics and that there are no universally agreed moral or religious standards to uphold them, they exist rather in the context of social recognition within a political association. A consequence of this is that the1948 Universal Declaration is a political, not a legal or moral, document. Vincent goes on to show that human rights are essentially reliant upon the self-limitation capacity of the civil state. With the development of this state, certain standards of civil behaviour have become, for a sector of humanity, slowly and painfully more customary. He shows that these standards of civility have extended to a broader society of states. At their best human rights are an ideal civil state vocabulary.The author explains that we comprehend both our own humanity and human rights through our recognition relations with other humans, principally via citizenship of a civil state. Vincent concludes that the paradox of human rights is that they are upheld, to a degree, by the civil state, but the point ofsuch rights is to protect against another dimension of this same tradition (the nation-state). Human rights are essentially part of a struggle at the core of the state tradition.
Download or read book Who is My Neighbor written by Thomas D. Williams and published by CUA Press. This book was released on 2005-03 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who Is My Neighbor? makes an original, compelling case for human rights as moral entitlements grounded in the dignity of the human person.
Download or read book Conceptions Contemporaines Du Droit written by and published by . This book was released on 1982 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:
