Download or read book Dimensions of Politics and English Jurisprudence written by Sean Coyle and published by . This book was released on 2014-05-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines modern politics, justice and order in light of the historical, philosophical and theological forces which helped define them.
Download or read book Dimensions of Politics and English Jurisprudence written by Sean Coyle and published by Cambridge University Press. This book was released on 2013-06-27 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines modern politics, justice and order in light of the historical, philosophical and theological forces which helped define them.
Download or read book Modern Jurisprudence written by Sean Coyle and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice. It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that build to a fresh and original perspective on the subject.
Download or read book Vulnerability written by Martha Albertson Fineman and published by Routledge. This book was released on 2016-02-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Martha Albertson Fineman’s earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the ’autonomous’ subject of liberal law and politics in the context of US equality discourse. Her ’vulnerability thesis’ represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ’vulnerability thesis’. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman’s work, as well as those for whom Fineman’s work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
Download or read book Philosophical and Sociological Reflections on Labour Law in Times of Crisis written by Eduardo von Adamovich and published by Cambridge Scholars Publishing. This book was released on 2022-05-13 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.
Download or read book Sword and Scales written by Martin Loughlin and published by Bloomsbury Publishing. This book was released on 2000-07-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions
Download or read book Judging Positivism written by Margaret Martin and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
Download or read book The Law of Deliberative Democracy written by Ron Levy and published by Routledge. This book was released on 2016-11-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Download or read book The Politics of Jurisprudence written by Roger Cotterrell and published by Oxford University Press, USA. This book was released on 2003 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores what jurisprudence is about, what it seeks to do and how. The book considers how the conclusions of jurisprudence can be brought to bear on everyday problems of legal practice and major social, moral or political issues.
Download or read book Philosophical Foundations of Tax Law written by Monica Bhandari and published by Oxford University Press. This book was released on 2017-02-23 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.
Download or read book Natural Law and Modern Society written by Sean Coyle and published by Oxford University Press. This book was released on 2023-08-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are 'post-truth' and 'alternative facts'. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.
Download or read book Political Jurisprudence written by Martin Loughlin and published by Oxford University Press. This book was released on 2017 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.
Download or read book English Public Theology written by Joan Lockwood ODonovan and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study commends the public theology of the English Reformation as a fruitful though neglected resource for a critical analysis of the contradictions of freedom that riddle late-modern liberal democracies and a constructive response to them. Drawn from the key legal, liturgical, homiletic and confessional elements of the English Reformation, this foundational Anglican tradition provides a theological vantage point for understanding current moral and political impasses in the western legacy of natural rights. The extensive development of natural rights in pre-modern scholastic theory and practice and its continuity with theoretical development from the 17th century onward make the Reformers' criticisms of scholastic moral, political, and ecclesial thought germane to identifying the problematic features of the prevailing modern tradition and to furnishing a theological alternative to them. These features are: an individualistic and voluntarist conception of moral agency, a regulative and juridical orientation to human relationships, and an anthropocentric concentration on human rather than on divine right, judgement, and freedom. The humanity they portray is detached from its created ordering to Christological perfection and bound within a self-enclosed ethical and political self-understanding. This is effectively countered by the English reformers' presentation of the salvation of creation in Christ, faith working through love, the spiritual fellowship of the church, and the provisional character of political jurisdiction.
Download or read book Jurisprudence written by James Mill and published by CreateSpace. This book was released on 2015-06-18 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Mill was an early 19th century political philosopher who wrote at length about politics and law. From the intro: "THE object and end of the science which is distinguished by the name of Jurisprudence, is the protection of rights. The business of the present discourse is, therefore, to ascertain the means which are best calculated for the attainment of that end. What we desire to accomplish is, The protection of rights: What we have to inquire is, The means by which protection may be afforded. That rights have hitherto been very ill protected, even in the most enlightened countries, is matter of universal acknowledgment and complaint. That men are susceptible of happiness, only in proportion as rights are protected, is a proposition, which, taken generally, it is unnecessary to prove. The importance of the inquiry, therefore, is evident. It is requisite, as a preliminary, to fix, with some precision, what we denote by the expression rights. There is much confusion in the use of this term. That disorderly mass, the Roman law, changes the meaning of the word in stating its division of the subject, Jura Personarum, and Jura Rerum. In the first of these phrases, the word Jura means a title to enjoy; in the second, it must of necessity mean something else, because things cannot enjoy. Lawyers, whose nature it is to trudge, one after another, in the track which has been made for them, and to whose eyes, that which is, and that which ought to be, have seldom any mark of distinction, have translated the jargon into English, as well as into other modern languages."
Download or read book The Political Dimension of Constitutional Law written by Miguel Nogueira de Brito and published by Springer Nature. This book was released on 2020-03-21 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.
Download or read book Social Dimensions of Law and Justice written by Julius Stone and published by W.W. Gaunt & Sons. This book was released on 1966 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Companion to Edmund Burke written by David Dwan and published by Cambridge University Press. This book was released on 2012-10-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and accessible Companion examines the life and writings of Edmund Burke, one of the eighteenth century's most influential thinkers.
