Download or read book The Natural Law Foundations of Modern Social Theory written by Daniel Chernilo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Daniel Chernilo offers an original reconstruction of the history of universalism in modern social thought from Hobbes to Habermas.
Download or read book Natural Law Today written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 2018-10-15 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural Law Today: The Present State of the Perennial Philosophy explains and defends various aspects of traditional natural law ethical theory, which is rooted in a broad understanding of human nature. Some of the issues touched upon include the relation of natural law to speculative reason and human ends (teleology), the relationship between natural law and natural theology, the so-called naturalistic fallacy (deriving “ought” from “is”), and the scope of natural knowledge of the precepts of the natural law, as well as possible limits on it. It also takes up certain historical and contemporary questions, such as the various stances of Protestant thinkers toward natural law, the place of natural law in contemporary U.S. legal thought, and the relationship between natural law and liberal political thought more generally. It brings together a number of the leading exponents of a more traditional or classical form of natural law thought, who claim to root their arguments within the broader philosophy of Thomas Aquinas more deeply than other major representatives of the natural law tradition today.
Download or read book Roman Law in the State of Nature written by Benjamin Straumann and published by Cambridge University Press. This book was released on 2015-02-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Download or read book Reconciling Law and Morality in Human Rights Discourse written by Willy Moka-Mubelo and published by Springer. This book was released on 2016-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Download or read book Pufendorf s Theory of Sociability Passions Habits and Social Order written by Heikki Haara and published by Springer. This book was released on 2018-11-08 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on Samuel Pufendorf’s (1632–1694) moral and political philosophy, a subject of recently renewed interest among intellectual historians, philosophers and legal scholars in the English-speaking world. Pufendorf’s significance in conceptualizing sociability in a way that ties moral philosophy, the theory of the state, political economy, and moral psychology together has already been acknowledged, but this book is the first systematic investigation of the moral psychological underpinnings of Pufendorf’s theory of sociability in their own right. Readers will discover how Pufendorf’s psychological and social explanation of sociability plays a crucial role in his natural law theory. By drawing attention to Pufendorf’s scattered remarks and observations on human psychology, a new interpretation of the importance of moral psychology is presented. The author maintains that Pufendorf’s reflection on the psychological and physical capacities of human nature also matters for his description of how people adopt sociability as their moral standard in practice. We see how, since Pufendorf’s interest in human nature is mainly political, moral psychological formulations are important for Pufendorf’s theorizing of social and political order. This work is particularly useful for scholars investigating the multifaceted role of passions and emotions in the history of moral and political philosophy. It also affords a better understanding of what later philosophers, such as Smith, Hume or Rousseau, might have find appealing in Pufendorf’s writings. As such, this book will also interest researchers of the Enlightenment, natural law and early modern philosophy.
Download or read book Constitution written by Fábio Portela Lopes de Almeida and published by Nomos Verlag. This book was released on 2020-09-30 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Band diskutiert die Rolle und Wichtigkeit von Verfassungen in modernen Gesellschaften. Aus interdisziplinärer Perspektive wird aufgezeigt, wie sich Verfassungen trotz großer Vielfalt innerhalb der Gesellschaft entwickeln konnten und wie sie dabei helfen, ein gemeinsames Moralsystem zu schaffen. Der Mensch ist die einzige Spezies, die in großen Gemeinschaften leben kann, obwohl ihre Mitglieder genetisch unabhängige Individuen sind. Diese Vielfalt macht die Rolle von Verfassungen besonders komplex. Die Arbeit beleuchtet, wie der Konstitutionalismus zur Etablierung eines einheitlichen Moralsystems beiträgt.
Download or read book Marx and Social Justice written by George E. McCarthy and published by BRILL. This book was released on 2017-11-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Marx and Social Justice, George E. McCarthy presents a detailed and comprehensive overview of the ethical, political, and economic foundations of Marx’s theory of social justice in his early and later writings. What is distinctive about Marx's theory is that he rejects the views of justice in liberalism and reform socialism based on legal rights and fair distribution by balancing ancient Greek philosophy with nineteenth-century political economy. Relying on Aristotle’s definition of social justice grounded in ethics and politics, virtue and democracy, Marx applies it to a broader range of issues, including workers’ control and creativity, producer associations, human rights and human needs, fairness and reciprocity in exchange, wealth distribution, political emancipation, economic and ecological crises, and economic democracy. Each chapter in the book represents a different aspect of social justice. Unlike Locke and Hegel, Marx is able to integrate natural law and natural rights, as he constructs a classical vision of self-government ‘of the people, by the people’.
Download or read book Legal Naturalism written by Olufemi Taiwo and published by Cornell University Press. This book was released on 2015-11-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.
Download or read book Legitimization in World Society written by Aldo Mascareño and published by Routledge. This book was released on 2016-04-22 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emerging traits of late global modernity such as transnationalism, multiculturalism, individualization and supranational contexts of action raise the question of what holds society together. Responses have typically made reference to legitimization, but the modern world presents challenges to such responses, for in such a differentiated, globalized setting, legitimization can no longer appeal to the previous national, ideological or religious foundations of early modernity. From a variety of theoretical and empirical perspectives, this book explores the manner in which legitimization can be constructed by people, groups or institutions under the contemporary pressures and possibilities of modern world society. Drawing on cosmopolitan theory, postcolonial sociology, systems theory, and historical sociology, it engages with questions of human rights, processes of individualization and the constitution of transnational spaces in its examination of the challenges to legitimization. As such, it will be of interest to scholars of sociology, political science and social and legal theory, concerned with questions of globalization and the problems of social cohesion and legitimacy.
Download or read book Sociological Theory and the Capability Approach written by Spiros Gangas and published by Routledge. This book was released on 2019-10-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociological Theory and the Capability Approach connects normative strands of sociological theory to the fusion of ethics and economics proposed by Amartya Sen’s and Martha Nussbaum’s capability approach. Spanning classical (Hegel, Marx, Durkheim, Scheler, Weber) and contemporary debates (Parsons, Giddens, Luhmann) it identifies areas that bridge the current gap between sociology and capability approach. It thus builds on explanatory and normative concerns shared by both traditions. Engaging readers from sociology and capability approach, Spiros Gangas suggests that the proposed dialogue should be layered along the main areas of value theory, economy and society, extending this inquiry into the normative meaning attached to being human. To this end, the book reconstructs the notion of agency along the tracks of Nussbaum’s central human capabilities, considering also alienation and the sociology of emotions. It concludes by addressing the capability approach through the lens of social institutions before it takes up the challenge of ideological fundamentalism and how it can be effectively confronted by capability approach. This original book provides a fresh perspective on capability approach as it embeds it in the rich pool of sociological theory’s accomplishments. As an exercise in theoretical and normative convergence, it will be required reading for academics and students in social theory, cultural theory, philosophy and human development studies.
Download or read book The Postmodern Turn in the Social Sciences written by Simon Susen and published by Springer. This book was released on 2015-07-23 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simon Susen examines the impact of the 'postmodern turn' on the contemporary social sciences. On the basis of an innovative five-dimensional approach, this study provides a systematic, comprehensive, and critical account of the legacy of the 'postmodern turn', notably in terms of its continuing relevance in the twenty-first century.
Download or read book Debating Humanity written by Daniel Chernilo and published by Cambridge University Press. This book was released on 2017-04-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Debating Humanity explores sociological and philosophical efforts to delineate key features of humanity that identify us as members of the human species. After challenging the normative contradictions of contemporary posthumanism, this book goes back to the foundational debate on humanism between Jean-Paul Sartre and Martin Heidegger in the 1940s and then re-assesses the implicit and explicit anthropological arguments put forward by seven leading postwar theorists: self-transcendence (Hannah Arendt), adaptation (Talcott Parsons), responsibility (Hans Jonas), language (Jürgen Habermas), strong evaluations (Charles Taylor), reflexivity (Margaret Archer) and reproduction of life (Luc Boltanski). Genuinely interdisciplinary and boldly argued, Daniel Chernilo has crafted a novel philosophical sociology that defends a universalistic principle of humanity as vital to any adequate understanding of social life.
Download or read book Routledge International Handbook of Contemporary Social and Political Theory written by Gerard Delanty and published by Routledge. This book was released on 2021-09-20 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: The triangular relationship between the social, the political, and the cultural has opened up social and political theory to new challenges. The social can no longer be reduced to the category of society, and the political extends beyond the traditional concerns of the nature of the state and political authority. This Handbook will address a range of issues that have recently emerged from the disciplines of social and political theory, focusing on key themes as opposed to schools of thought or major theorists. It is divided into three sections which address: the most influential theoretical traditions that have emerged from the legacy of the twentieth century the most important new and emerging frameworks of analysis today the major theoretical problems in recent social and political theory The Second edition is an enlarged, revised, and updated version of the first edition, which was published in 2011 and comprised 42 chapters. The new edition consists of 50 chapters, of which seventeen are entirely new chapters covering topics that have become increasingly prominent in social and political theory in recent years, such as populism, the new materialism, postcolonialism, Deleuzean theory, post-humanism, post-capitalism as well as older topics that were not covered in the first edition, such as Arendt, the gift, critical realism, anarchism. All chapters retained from the first edition have been thoroughly revised and updated. The Routledge International Handbook of Contemporary Social and Political Theory encompasses the most up-to-date developments in contemporary social and political theory, and as such is an essential research tool for both undergraduate and postgraduate students as well as researchers working in the fields of political theory, social and political philosophy, contemporary social theory, and cultural theory.
Download or read book Jurisprudence and Socio Legal Studies written by Roger Cotterrell and published by Taylor & Francis. This book was released on 2024-03-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a set of related studies aimed at showing key points of intersection and common interest between jurisprudence and socio-legal studies, which are otherwise typically considered distinct fields. It reflects and draws on the author’s work in these areas over more than four decades. The first half of the book explores theoretical issues surrounding the enterprise of socio-legal research, its current scope, and its historical traditions. Some chapters directly compare juristic theory and socio-legal inquiry. Chapters in Part II profile a selection of European jurists whose work offers important insights for socio-legal inquiry. Other chapters frame these studies, explore the history of interactions between jurisprudence and socio-legal research, and show points of convergence between these fields that are increasingly important today. A main aim of the book is to show the current urgency of linking and broadening juristic and social scientific interests in law. Internationally oriented, the book will be of interest to students and researchers in the areas of jurisprudence, legal philosophy, sociology of law, socio-legal studies, and comparative law. It is suitable as supplementary reading for courses in any of these subjects.
Download or read book Routledge International Handbook of Cosmopolitanism Studies written by Gerard Delanty and published by Routledge. This book was released on 2018-07-27 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cosmopolitanism is about the extension of the moral and political horizons of people, societies, organizations and institutions. Over the past 25 years there has been considerable interest in cosmopolitan thought across the human social sciences. The second edition of the Routledge International Handbook of Cosmopolitanism Studies is an enlarged, revised and updated version of the first edition. It consists of 50 chapters across a broader range of topics in the social and human sciences. Eighteen entirely new chapters cover topics that have become increasingly prominent in cosmopolitan scholarship in recent years, such as sexualities, public space, the Kantian legacy, the commons, internet, generations, care and heritage. This Second Edition aims to showcase some of the most innovative and promising developments in recent writing in the human and social sciences on cosmopolitanism. Both comprehensive and innovative in the topics covered, the Routledge International Handbook of Cosmopolitanism Studies is divided into four sections. Cosmopolitan theory and history with a focus on the classical and contemporary approaches, The cultural dimensions of cosmopolitanism, The politics of cosmopolitanism, World varieties of cosmopolitanism. There is a strong emphasis in interdisciplinarity, with chapters covering contributions in philosophy, history, sociology, anthropology, media studies, international relations. The Handboook’s clear and comprehensive style will appeal to a wide undergraduate and postgraduate audience across the social and human sciences.
Download or read book Theorising Noumenal Power written by Mark Haugaard and published by Routledge. This book was released on 2020-06-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theorising Noumenal Power is a critical engagement with Rainer Forst’s theory of what he calls "noumenal power." Forst is the most significant younger generation critical theorist of the Frankfurt School, and his critics include several of the most influential contemporary political power theorists. The concept of noumenal power locates the sources of social and political power in the space of reasons or justifications – using a normatively neutral account of "justification." To exercise power, on that account, means to be able to determine, use, close or open up the space of justifications for others. Going back to Kant, the social subject is theorized as a reasoning being who confers legitimacy upon political structures based upon the cognitive faculty of justification. As argued by Max Weber, authority is the foundation of political institutions and authority presupposes a belief in legitimacy. On the one hand such beliefs can be distorted, as in ideology, or they can be based upon a process of reasoned justification relative to normatively desirable principles. Critiquing the former, while building upon the latter, serves as the foundation for theorising just democratic politic institutions. For Forst’s critics, a key theme is how to differentiate ideological (bad) justification, typically based upon emotion, from normatively right democratic reasoning. Other important themes are the analysis of structural domination or the use of threats or other means of exercising power. The debate in this volume constitutes an exciting new way of re-thinking the foundations of ideology, political power, democracy and justice. Providing a state-of-the-art discussion concerning the relationship between political power and justification Theorising Noumenal Power is essential for students and scholars interested in the theoretical foundations of political power, democracy and justice. The chapters were originally published in the Journal of Political Power.
Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
