Download or read book Revitalizing Aristotle s Doctrine of Equity written by Darien Shanske and published by . This book was released on 2012 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article argues for the contemporary relevance of Aristotle's doctrine of equity. Too often, similar arguments make this doctrine relevant by abstracting from the details of Aristotle's position or, conversely, fixating on details without due consideration of the epochal gap that separates us from Aristotle. After an initial survey of these limited approaches, the article proceeds to a more adequate account of Aristotle's doctrine of equity with the help of Heidegger. In particular, what Heidegger offers is a nuanced argument as to why Aristotle's manifest absorption in the concrete details of his face-to-face society is not a limitation to his doctrine, but a strength. We, no less than Aristotle, are enmeshed in logos, in a background ordering not at the command of our will, but we have a greater difficulty seeing this. Thus, where equity for Aristotle above all required expert engagement with logos, equity bids us first to acknowledge that the logos is.
Download or read book Aristotle s Equity and the Doctrine of the Mean written by Ioannes Triantaphyllopoulos and published by . This book was released on 1989* with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Download or read book Aristotle on Truth Dialogue Justice and Decision written by Liesbeth Huppes-Cluysenaer and published by Springer Nature. This book was released on 2023-12-27 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thought-provoking book, you’ll find timeless questions explored through a fresh lens. First delving into the profound significance of Socrates’ dialogical method and the inescapable nature of conflict, it ponders the rational capacities of humanity in terms of establishing harmonious communities. But this isn’t merely a philosophical debate; it’s a pragmatic exploration of real-world challenges. No longer limiting itself to abstract theories, the book then seeks to navigate the practical terrain of science and politics. Drawing inspiration from Aristotle, renowned for his investigations into the intricate connections between theory, technology, ethics, and politics, it tackles the essential question: How can we reconcile divergent views? At the book’s core lies Aristotle’s revolutionary concept of dialogue, which portrays truth as a delicate equilibrium between opposing forces, transcending the rigid boundaries of true and false. Join this captivating journey as the author reveals the hidden paths to meaningful coexistence in a world filled with conflicting perspectives.
Download or read book Equity Stirring written by Gary Watt and published by Bloomsbury Publishing. This book was released on 2009-07-17 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. 'This beautiful book, deeply learned in the branch of jurisprudence we call equity and deeply engaged with the western literary tradition, gives new life to equity in the legal sense by connecting it with equity in the larger sense: as it is defined both in ordinary language and experience and by great writers, especially Dickens and Shakespeare. Equity Stirring transforms our sense of what equity is and can be and demonstrates in a new and graceful way the importance of connecting law with other arts of mind and language.' James Boyd White, author of Living Speech: Resisting the Empire of Force 'Equity Stirring' is a fine example of interdisciplinary legal scholarship at its best. Watt has managed to produce a book that is fresh and innovative, and thoroughly accessible. Deploying a range of familiar, and not so familiar, texts from across the humanities, Watt has presented a fascinating historical and literary commentary on the evolution of modern ideas of justice and equity. Ian Ward, Professor of Law at the University of Newcastle upon Tyne. "this is an important, compendious, and thought-provoking work that should be on the shelves of everyone interested in equity studies." Mark Fortier, Law and Literature "there is much of interest to the legal historian...the book's insights and erudition did engage this rather sceptical reader, who would like to believe that equity could achieve justice, but fears rather that it can only be as fair as the court dispensing it." Rosemary Auchmuty, The Journal of Legal History "With luck, Equity Stirring will stir...taxonomic positivists from their culture of entitlement, waking them to the possibility that law and justice do not form the perfect quadration". Nick Piska, Social & Legal Studies "a highly imaginative, original and refreshing foray into the legal and ethical import of concepts too often thought to be difficult, archaic and obscure...Watt gives us a way into the subject which is forceful in its imaginative reach and its ethical import..." David Gurnham, Law, Culture and the Humanities
Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State Press. This book was released on 2023-03-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
Download or read book Investor s Guide to Loss Recovery written by Louis L. Straney and published by John Wiley & Sons. This book was released on 2011-08-10 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential guidance for recovery of lost assets through arbitration, mediation and other forms of conflict resolution Since the discovery of the Madoff fraud and investment scandals associated with the global credit crisis, investors have become aware that they can fight back and demand both justice and monetary recovery. To date, the only reliable resources on securities arbitration have been either sensationalized accounts of how to sue Wall Street or legal references, which provide no practical application. Filled with expert guidance showing investors how arbitration works, Investor's Guide to Loss Recovery fills that gap by providing a focus on all of the investor's options when a conflict arises. Includes charts showing the major areas of litigation as well as empirical evidence of enhanced awareness of investment misconduct Proprietary research by the author, demonstrating arbitration results Analysis on how newly enacted regulatory reforms will impact the process and options for financial fraud victims Personal interviews with securities attorneys, experts and investors Detailed scripts of initial attorney interviews, mediation and arbitration New financial regulations are impacting the options available to investors looking to recover assets. Investor's Guide to Loss Recovery is must-have reading for every investor, financial advisor, and attorney.
Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Download or read book Social Equity and Public Administration Origins Developments and Applications written by H George Frederickson and published by Routledge. This book was released on 2015-02-12 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to be the definitive statement on social equity theory and practice in public administration. Social equity is often referred to as the "third pillar" in PA, after efficiency and economy. It concerns itself with the fairness of the organization, its management, and its delivery of public services. H. George Frederickson is widely recognized as the originator of the concept and the person most associated with its development and application. The book's introduction and chapters 1-4 offer general descriptions of social equity in terms of its arguments and claims in changing political, economic, and social circumstances, and trace the development of the concept over the past forty years. Chapters 5-9 provide applications of social equity theory to particular policy arenas such as education, or to specific public administration issues such as the range of administrative discretion, the legal context, the research challenges, and social equity in the context of time and generations. Chapters 10 and 11 describe the current state of social equity and look towards the future.
Download or read book Aristotle and His Philosophy written by Abraham Edel and published by Routledge. This book was released on 2017-11-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this stunning act of synthesis, Abraham Edel captures the entire range of Aristotle's thought in a manner that will prove attractive and convincing to a contemporary audience. Many philosophers approach Aristotle with their own, rather than his, questions. Some cast him as a partisan of a contemporary school. Even the neutral approach of classical scholarship often takes for granted questions that reflect our modern ways of dissecting the world. Aristotle and His Philosophy shows him at work in asking and answering questions. Abraham Edel fashions a sound comparative way of using current analysis to deepen our understanding of Aristotle rather than argue with or simply appropriate him. Edel examines how Aristotle's basic ideas operated in his scientific and humanistic works, what they enabled him to do, what they kept him from doing, and what in turn we can learn from his philosophical experimentation. The purpose of this volume is twofold: to provide a comprehensive introduction to Aristotle's thought, and to throw fresh light on its patterned and systematic character. First, tracing the pattern in Aristotle's metaphysical and physical writings, he then explores the psychology, epistemology, ethics and politics, rhetoric and poetics. In the process, Edel discusses the way interpretations of Aristotle are built up and how different philosophical outlooks Catholic, Hegelian, Marxian, linguistic, naturalistic, and pragmatic have affected the reading of Aristotelian texts and ideas. The new introduction probes the general problem of interpreting a philosophy, and suggests how working through the different interpretations can contribute to a fuller understanding. This methodological self-consciousness makes Aristotle and His Philosophy markedly different from other studies of Aristotle. Martha C. Nussbaum of Brown University has described Edel as having "philosophical sensitivity and good sense throughout. His scholarship is comprehensive, but handled with grace and clarity."
Download or read book University of Pennsylvania Law Review written by and published by . This book was released on 2011-02 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Hastings Law Journal written by and published by . This book was released on 2010 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Equity written by Lord Henry Home Kames and published by . This book was released on 1825 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hastings Law Journal written by and published by . This book was released on 2010-04 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Download or read book The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements written by Tuula Honkonen and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateands right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.
