Law After Modernity

Author: Sionaidh Douglas-Scott
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ISBN: 9781474200028
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This fresh, contextual and interdisciplinary book argues that we live in an age 'after Modernity' and that legal theory must account for this fact.

Law After Modernity

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Law After Modernity

Author: Sionaidh Douglas-Scott
Editor: A&C Black
ISBN: 1782251200
File Size: 20,78 MB
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How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

The Natural Moral Law The Postmodern Challenge From Modernity To Postmodernity 2 Traditional Natural Law Differences In Aristotle And Aquinas 3 Patterns In Historical Thinking About The Good 4 The Challenge Of Modernity Religious Wars And The Need For Universal Law 5 The Challenges Of Naturalism Legal Realism Or Natural Law 6 Objectivity Without A Metaphysical Foundation 7 Contemporary Natural Law Practical Rationality And Legal Opinions 8 Natural Law As A Theory With Metaphysical Baggage Postmodern Law 9 Natural Law As The Moral Law 10 Natural Moral Law In A Postmodern World

Author: Owen Anderson
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ISBN: 9781139379861
File Size: 27,64 MB
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The Natural Moral Law argues that the good can be known and that therefore the moral law, which serves as a basis for human choice, can be understood. Proceeding historically through ancient, modern and postmodern thinkers, Owen Anderson studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law. The focal challenge is whether the skepticism of postmodern thinkers can be answered in a way that preserves knowledge claims about the good. Considering the failures of modern thinkers to correctly articulate reason and the good and how postmodern thinkers are responding to these failures, Anderson argues that there are identifiable patterns of thinking about what is good, some of which lead to false dichotomies. The book concludes with a consideration of how a moral law might look if the good is correctly identified.

Islamic Law Epistemology And Modernity

Author: Ashk Dahlen
Editor: Routledge
ISBN: 1135943559
File Size: 72,29 MB
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This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

Europe S Other

Author: Peter Fitzpatrick
Editor: Routledge
ISBN: 0429814550
File Size: 64,81 MB
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First published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.

The Oldest Social Science

Author: Timothy Murphy
Editor: Oxford University Press on Demand
ISBN: 9780198265597
File Size: 50,66 MB
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This stimulating book challenges the general assumption that the post-war period is hallmarked by the triumph of the rule of law. It is distinctive in that its focus is to develop an adequate understanding of the true role actually being played by law, rather than to explore arguments of what the law should be doing. The author's approach involves focusing on adjudication as a social practice and as a set of governmental techniques. From this vantage point, heexplores how the relationship between law, government and society has changed in the course of history in significant ways. In so doing, he addresses the central concerns of scholars, students, and the genaral public in relation to the future of law.

Law After Auschwitz

Author: David Fraser
Editor:
ISBN:
File Size: 58,74 MB
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The idea of Nazi law is, for many lawyers, an oxymoron. Today, law under the National Socialist regime continues to be portrayed and understood as the ultimate perversion of legality and the Holocaust as the inevitable result of the collapse of the rule of law. This book offers important insights into the ways in which our understanding of the Holocaust and of the law have been built upon mutually reinforcing but erroneous constructions of the two. Fraser argues that the Holocaust is best understood, or at least studied, not as a point of lawless, criminal disjuncture with law, but as offering remarkable points of commonality and continuity with the law, with legality as understood at the time, and with law as we understand and practice it today.Law After Auschwitz studies law and lawyers under Nazi rule, the jurisprudence of Nazi law, and the reception of Nazi law by contemporary legal scholarship. It offers detailed analyses of the ways in which the Holocaust has been constructed in post-war trials. This book raises fundamental questions about legality and ethics in the 21st century. If the Holocaust took place in a “legal” framework, and if the legal system today operates in part in a continuous fashion with Nazi legality, then law must be understood as still operating in the shadow of Auschwitz. Throughout the book, the consequences of a legal system which operates in a state of willful amnesia about its own implication in the Shoah, is the central focus.

The Natural Moral Law

Author: Owen Anderson
Editor: Cambridge University Press
ISBN: 1107008425
File Size: 14,32 MB
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This book studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law.

Jurisprudence

Author: Wayne Morrison
Editor: Routledge
ISBN: 113535281X
File Size: 30,59 MB
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This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

Habermas Modernity And Law

Author: Mathieu Deflem
Editor: SAGE
ISBN: 9780761951377
File Size: 36,39 MB
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The work of J[um]urgen Habermas has long been regarded as central to the development of social and political theory and philosophy in the late twentieth century. With the publication of his latest book Between Facts and Norms, Habermas signalled the importance of exploring modern legal theory to our understanding of democratic society. The contributors to Habermas, Modernity and Law provide a clear introduction to this key development in Habermas's work. With chapters ranging from the possibility of valid law to discourse ethics and human rights, they successfully integrate a broad range of Habermas's writings with his recent thoughts on the place of the law in contemporary theory. Habermas himself contributes

Post Truth Philosophy And Law

Author: Angela Condello
Editor: Law and Politics
ISBN: 9781138324664
File Size: 56,67 MB
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In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law.

After Emancipation

Author: David Ellenson
Editor: ISD LLC
ISBN: 0878200959
File Size: 73,17 MB
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David Ellenson prefaces this fascinating collection of twenty-three essays with a remarkably candid account of his intellectual journey from boyhood in Virginia to the scholarly immersions in the history, thought, and literature of the Jewish people that have informed his research interests in a long and distinguished academic career. Ellenson, President of the Hebrew Union College-Jewish Institute of Religion, has been particularly intrigued by the attempts of religious leaders in all denominations of Judaism, from Liberal to Neo-Orthodox, to redefine and reconceptualize themselves and their traditions in the modern period as both the Jewish community and individual Jews entered radically new realms of possibility and change. The essays are grouped into five sections. In the first, Ellenson reflects upon the expression of Jewish values and Jewish identity in contemporary America, explains his debt to Jacob Katz's socio-religious approach to Jewish history, and shows how the works of non-Jewish social historian Max Weber highlight the tensions between the universalism of western thought and Jewish demands for a particularistic identity. In the second section, "The Challenge of Emanicpation," he indicates how Jewish religious leaders in nineteenth-century Europe labored to demonstrate that the Jewish religion and Jewish culture were worthy of respect by the larger gentile world. In a third section, "Denominational Responses," Ellenson shows how the leaders of Liberal and Orthodox branches of Judaism in Central Europe constructed novel parameters for their communities through prayer books, legal writings, sermons, and journal articles. The fourth section, "Modern Responsa," takes a close look at twentieth-century Jewish legal decisions on new issues such as the status of woemn, fertility treatments, and even the obligations of the Israeli government towards its minority populations. Finally, review essays in the last section analyze a few landmark contemporary works of legal and liturgical creativity: the new Israeli Masorti prayer book, David Hartman's works on covenantal theology, and Marcia Falk's Book of Blessings. As Ellenson demonstrates, "The reality of Jewish cultural and social integration into the larger world after Emancipation did not signal the demise of Judaism. Instead, the modern setting has provided a challenging context where the ongoing creativity and adaptability of Jewish religious leaders of all stripes has been tested and displayed."

After Law

Author: Steven Moore (M.A.)
Editor:
ISBN:
File Size: 14,37 MB
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Law As Passion

Author: Miguel Nogueira de Brito
Editor: Springer Nature
ISBN: 3030635015
File Size: 59,71 MB
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Marriage Law And Modernity

Author: Julia Moses
Editor: Bloomsbury Publishing
ISBN: 1474276113
File Size: 60,43 MB
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Marriage, Law and Modernity offers a global perspective on the modern history of marriage. Widespread recent debate has focused on the changing nature of families, characterized by both the rise of unmarried cohabitation and the legalization of same-sex marriage. However, historical understanding of these developments remains limited. How has marriage come to be the target of national legislation? Are recent policies on same-sex marriage part of a broader transformation? And, has marriage come to be similar across the globe despite claims about national, cultural and religious difference? This collection brings together scholars from across the world in order to offer a global perspective on the history of marriage. It unites legal, political and social history, and seeks to draw out commonalities and differences by exploring connections through empire, international law and international migration.

Empire And Legal Thought

Author: Edward Cavanagh
Editor: BRILL
ISBN: 9004431241
File Size: 30,20 MB
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Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.

At The Origins Of Modernity

Author: José María Beneyto
Editor: Springer
ISBN: 3319629980
File Size: 70,78 MB
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This book is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca. It argues that Vitoria not only lived at a time bridging the Middle Ages and Modernity, but also that his thoughts went beyond the times he lived in, giving us inspiration for meeting current challenges that could also be described as “modern” or even post-modern. There has been renewed interest in Francisco de Vitoria in the last few years, and he is now at the centre of a debate on such central international topics as political modernity, colonialism, the discovery of the “Other” and the legitimation of military interventions. All these subjects include Vitoria’s contributions to the formation of the idea of modernity and modern international law. The book explores two concepts of modernity: one referring to the post-medieval ages and the other to our times. It discusses the connections between the challenges that the New World posed for XVIth century thinkers and those that we are currently facing, for example those related to the cyberworld. It also addresses the idea of international law and the legitimation of the use of force, two concepts that are at the core of Vitoria’s texts, in the context of “modern” problems related to a multipolar world and the war against terrorism. This is not a historical book on Vitoria, but a very current one that argues the value of Vitoria’s reflections for contemporary issues of international law.

Categorical Principles Of Law

Author: Otfried Höffe
Editor: Penn State Press
ISBN: 9780271021591
File Size: 38,42 MB
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In Germany, Otfried H&öffe has been a leading contributor to debates in moral, legal, political, and social philosophy for close to three decades. H&öffe's work (like that of his contemporary, J&ürgen Habermas), brings into relief the relevance of these German discussions to their counterparts in English-language circles. In this book, originally published in Germany in 1990 and expanded since, H&öffe proposes an extended and original interpretation of Kant&‚ philosophy of law, and social morality. H&öffe articulates his reading of Kant in the context of an account of modernity as a &"polyphonous project,&" in which the dominant themes of pluralism and empiricism are countered by the theme of categorically binding moral principles, such as human rights. Paying equal attention to the nuances of Kant's texts and the character of the philosophical issues in their own right, H&öffe ends up with a Kantianism that requires, rather than precludes, a moral anthropology and that questions the fashionable juxtaposition of Kant and Aristotle as exemplars of incompatible approaches to ethical and political thought.

Modernity In The Flesh

Author: Kristin Ruggiero
Editor: Stanford University Press
ISBN: 9780804748711
File Size: 74,87 MB
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This book examines the lives of people caught in the dynamics of changing mores, rapid urbanization, and real public health issues in nineteenth-century Buenos Aires. Modernity in the Flesh shows the costs Argentines paid for the establishment of liberal democracy between 1880 and 1910. Modernity raised consciousness of the public good and a commitment to new sciences and a new set of priorities that asserted the precedence of health and security of the social whole. This book shows the ways that the tensions of liberal democracy between individual rights and the social good were tempered by "flesh" and articulated through this word. As the state was pursuing positivist science and government, the flesh held out a type of corrective to the focus on scientific and material progress.