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 But why did natural law become outdated?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 Rethinking Order written by Nancy Cartwright and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 The Newtonian idea of a cosmos ruled by universal and exceptionless laws has been superseded; replaced by a conception of nature as a realm of diverse powers, potencies, and dispositions, a 'dappled world'.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.

Download or read book Rethinking Environmental Law written by Laitos, Jan G. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Tanaka K tar and World Law written by Kevin M. Doak and published by Springer. This book was released on 2018-10-01 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Common law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Download or read book The End of Lawyers written by Richard Susskind OBE and published by OUP Oxford. This book was released on 2010-09-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This widely acclaimed legal bestseller has ignited an intense debate within the legal profession. It examines the effect of advances in IT upon legal practice, analysing anticipated developments in the next decade. It urges lawyers to consider the sustainability of their traditional role.

Download or read book Rethinking Patent Law written by Robin Feldman and published by Harvard University Press. This book was released on 2012-06-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.

Download or read book Celebrating the Law written by Hetty Lalleman and published by Authentic Media Inc. This book was released on 2016-06-01 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christians often see the Old Testament law as out of date and irrelevant now Christ has come. Lalleman rejects this view and makes the case for the ongoing importance of the Law in the Christian life - something to celebrate. Most helpfully Lalleman sets out a model for interpreting Old Testament laws in the context of the whole of the Bible. She interacts with scholarly literature on the subject and provides some basic biblical principles for integrating the whole of God's word in our lives. Lalleman then fleshes out by applying them to three difficult topics in Old Testament law - food laws, the cancellation of debts, and warfare. At the heart of this celebration of the law, she contends, is the wholeness, holiness, and integrity of God himself. Celebrating the Law? shows how God calls us to be his distinctive people displaying the same wholeness, holiness, and integrity as he himself has.

Download or read book Rethinking the Good written by Larry S. Temkin and published by Oxford University Press. This book was released on 2012-01-20 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: In choosing between moral alternatives -- choosing between various forms of ethical action -- we typically make calculations of the following kind: A is better than B; B is better than C; therefore A is better than C. These inferences use the principle of transitivity and are fundamental to many forms of practical and theoretical theorizing, not just in moral and ethical theory but in economics. Indeed they are so common as to be almost invisible. What Larry Temkin's book shows is that, shockingly, if we want to continue making plausible judgments, we cannot continue to make these assumptions. Temkin shows that we are committed to various moral ideals that are, surprisingly, fundamentally incompatible with the idea that "better than" can be transitive. His book develops many examples where value judgments that we accept and find attractive, are incompatible with transitivity. While this might seem to leave two options -- reject transitivity, or reject some of our normative commitments in order to keep it -- Temkin is neutral on which path to follow, only making the case that a choice is necessary, and that the cost either way will be high. Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.

Download or read book Rethinking International Law and Justice written by Charles Sampford and published by Routledge. This book was released on 2016-04-08 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

Download or read book Rethinking the Concept of Law of Nature written by Yemima Ben-Menahem and published by Springer Nature. This book was released on 2022-06-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Rethinking Law as Process written by James MacLean and published by Routledge. This book was released on 2012-05-23 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.

Download or read book Rethinking the Law School written by Carel Stolker and published by Cambridge University Press. This book was released on 2014-12-11 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a former dean, this book offers a unique understanding of challenges facing legal education, research, publishing and governance.

Download or read book Rethinking Evidence written by William Twining and published by Cambridge University Press. This book was released on 2006-06-01 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Download or read book Law and Psychiatry written by Michael S. Moore and published by CUP Archive. This book was released on 1984-03-30 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the competing images of man offered us by the disciplines of law and psychiatry. Michael Moore describes the legal view of persons as rational and autonomous and defends it from the challenges presented by three psychiatric ideas: that badness is illness, that the unconscious rules our mental life, and that a person is a community of selves more than a unified single self. Using the tools of modern philosophy, he attempts to show that the moral metaphysical foundations of our law are not eroded by these challenges of psychiatry. The book thus seeks, through philosophy, to go beneath the centuries-old debates between lawyers and psychiatrists, and to reveal their hidden agreement about the nature of man. Some attention is paid to practical legal and psychiatric issues of contemporary concern, such as the proper definition of mental illness for psychiatric purposes, and the proper definition of legal insanity for legal purposes. This book was first announced, for publication in hard covers, in the Press's January to July seasonal list.

Download or read book Rethinking Copyright written by R. Deazley and published by Edward Elgar Publishing. This book was released on 2006 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Copyright is a small gem for an audience broader than copyright and intellectual property scholars, and well worth acquiring by a variety of general, corporate, law and academic libraries. Laurence Seidenberg, International Journal of Legal Information This excellent book raises again the controversial issue of whether we can learn anything and, if so, what from revisiting our past. Jeremy Phillips, ipkat.com All histories are about the present, not the past. Histories of copyright are no different: the pitched battles today over the nature of copyright frequently re-create a mythical past to shore up support for a partisan present. Deazley s Rethinking Copyright is a must have book for those who care about getting things right. Rethinking Copyright carefully reviews the critical formative years of statutory copyright (1710 1912), and then masterfully ties this foundational period to the current culture wars. It is a tour de force to be savored and returned to over and over again. William Patry, Senior Copyright Counsel, Google Inc., New York, US Two books in one, the first half of this manifesto offers a contrarian account of eighteenth and nineteenth-century English copyright history; the second contributes to the burgeoning rhetoric of the public domain in contemporary copyright scholarship. Deazley contends that, contrary to the common wisdom, common law copyright never existed in the eighteenth-century, but was a concerted creation of nineteenth-century treatise writers. He may not convince us that common law copyright was a myth, but he does compellingly demonstrate that, like the mythical giant Antaeus, whenever common law copyright seemed beaten down to the ground, it rose again with renewed force. He also persuades us that it may be a Herculean task to strangle the life out of the impulse, historical or otherwise, to believe that authors labors justify the contemporary default setting of the positive law in favor of proprietary rights. The second half, calling for reconceptualization of copyright as a derogation from the public s freedom to engage with works of authorship will surely provoke disagreement from many readers knowledgeable about copyright, but Deazley is an apt expositor of this increasingly popular trend in the legal academy. Jane C. Ginsburg, Columbia University School of Law, New York, US Copyright law remains hotly debated with the public domain contested territory. Ronan Deazley brings some welcome sanity to the discussion by revisiting the history of UK copyright law with a fresh eye and also by exploring the theoretical justifications for intellectual property in light of recent scholarship. The roles of rhetoric and legal writing in constructing copyright paradigms are the particular target of Deazley s critique. This is a provocative and challenging book which deserves a wide audience. Simon Stokes, Blake Lapthorn Tarlo Lyons and Bournemouth Law School, UK I have just finished reading Ronan Deazley s manuscript. It s a very enjoyable, readable book. As to content, I found it interesting, carefully researched, wide in scope, and thought-provoking even where I didn t agree with his conclusions. Catherine Seville, Newnham College, Cambridge, UK This book provides the reader with a critical insight into the history and theory of copyright within contemporary legal and cultural discourse. It exposes as myth the orthodox history of the development of copyright law in eighteenth-century Britain and explores the way in which that myth became entrenched throughout the nineteenth and early twentieth centuries. To this historical analysis are added two theoretical approaches to copyright not otherwise found in mainstream contemporary texts. Rethinking Copyright introduces the reader to copyright through the prism of the public domain before turning to the question as to how best to locate copyright within the parameters of traditional property discourse. Moreover, underpinning