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Books > Law > Jurisprudence & general issues > Foundations of law > General
In his provocative and highly readable study, Human Rights: Fact or Fancy?, Henry B. Veatch finds the basis for human rights in natural law. He builds his argument step by step, carefully laying the foundation for his central assertion that our basic rights are discoverable directly in the facts of nature. Although the bulk of contemporary concern is with the law only and not with ethics, Veatch insists that this approach is mistaken because it leaves no place for what Aristotle called "a natural justice." Law must be based on ethics, he maintains, and ethics in turn must be grounded in fact and therefore must have a basis in nature.
Providing students with a solid grounding in the economic analysis
of the law, this reader brings together diverse and challenging
journal articles into a unified collection. Chosen to provoke
thought and discussion, these carefully streamlined articles apply
economic theories to many aspects of the law, from intellectual
property, corporate finance, and contracts to property rights,
family law, and criminal law. Most of the formal mathematics has been removed, allowing these articles to reach a student audience, while also encouraging an intuitive understanding and application of the economic principles. Brief introductions to each article explain their background and context. This collection will be a valuable addition to courses in both economics and law, providing economics majors with a respite from dry theory, and giving law students a broad, unified vision of the law.
This new translation of the Treatise on Law offers fidelity to the Latin in a readable new version that will prove useful to students of the natural law tradition in ethics, political theory, and jurisprudence, as well as to students of Western intellectual history.
The Ministry of Law in the Church Today provides practical guidance and rationale for the role of law in the Church for pastoral ministers who are accustomed to seeing canon law as a problem rather than a solution. This book will also appeal to laity who harbor a curiosity about the usefulness of Church law in everyday Christian life.
Moshe Koppel, an expert in the field of logic, draws on basic concepts of logic to analyze the dynamics and structure of Halakhah. the author poses age-old questions about the nature of Sinaitic revelation, as well as modern questions about the role of computers and the immutability of a law. Far from a dry philosophical work, this is a lively discussion about Halakhah that bears relevance on life today.
." . . a compelling historical account of natural rights. . . .That Tierney brings to his historical task a thorough acquaintance with major contemporary theories of moral and legal rights gives his work additional value for ethicists." - Religious Studies Review ." . . a tour de force of integration and learning. . . . It is a synthesis that will become the required starting point in all future efforts to write about the history of rights." - Studia canonica
The readings in Justice include the central philosophical statements about justice in society organized to illustrate both the political vision of a good society and different attempts at an analysis of the concept of justice.
He argues for the reconstruction of legal analysis as a discipline of institutional imagination. He shows how a changed practice of legal analysis can help us re-imagine and reshape the dominant institutions of representative democracy, market economy and free civil society. The search for basic social alternatives, largely abandoned by philosophy and politics, can find in such a practice a new point of departure. Unger criticizes the dominant, rationalizing style of legal doctrine, with its obsessional focus upon adjudication and its urge to suppress or contain conflict or contradiction in law. He shows how we can turn legal analysis into a way of talking about the alternative institutional futures of a democratic society. The programmatic proposals of Unger's Politics are here placed within a wider field of possibilities. A major concern of the book is to explore how professional specialties such as legal thought can inform the public debate in a democracy. The book exemplifies this connection: Unger's arguments are accessible to those with no specialized knowledge of law or legal theory.
With Narrative and the Natural Law Pamela Hall brings Thomistic ethics into conversation with ongoing debates in contemporary moral philosophy, especially virtue theory and moral psychology, and with current trends in narrative theory and the philosophy of history. Pamela M. Hall's study offers a solid, challenging alternative to rigid, legalistic interpretations of the substantial discussion of law in Aquinas's Summa theologiae and defends Aquinas's ethics from charges of excessive legalism. Hall argues that Aquinas's characterization of the content and relationship of natural, human and divine law indicates that his understanding of the quest for the human good is practical, communal, and historical. Hall maintains that natural law, the ongoing inquiry into what is the human good, is narrative both in terms of its internal structure and its being informed by the specific story of Scripture. According to Aquinas the discovery of natural law is enacted historically and progressively within communities and by individuals through a process of practical reasoning. Hall then goes on to show how natural law requires articulation by human law, and how both are connected to divine law (salvation history) as Aquinas understands it. Aquinas represents inquiry into the human good as a kind of historical narrative or story with stages or "chapters"; thus knowledge of natural law requires time and experience, as well as sustained reflection by individuals and by whole communities. Such learning of natural law implies the operation of prudence and the assistance of the moral virtues.
With Narrative and the Natural Law Pamela Hall brings Thomistic ethics into conversation with ongoing debates in contemporary moral philosophy, especially virtue theory and moral psychology, and with current trends in narrative theory and the philosophy of history. Pamela M. Hall's study offers a solid, challenging alternative to rigid, legalistic interpretations of the substantial discussion of law in Aquinas's Summa theologiae and defends Aquinas's ethics from charges of excessive legalism. Hall argues that Aquinas's characterization of the content and relationship of natural, human and divine law indicates that his understanding of the quest for the human good is practical, communal, and historical. Hall maintains that natural law, the ongoing inquiry into what is the human good, is narrative both in terms of its internal structure and its being informed by the specific story of Scripture. According to Aquinas the discovery of natural law is enacted historically and progressively within communities and by individuals through a process of practical reasoning. Hall then goes on to show how natural law requires articulation by human law, and how both are connected to divine law (salvation history) as Aquinas understands it. Aquinas represents inquiry into the human good as a kind of historical narrative or story with stages or "chapters"; thus knowledge of natural law requires time and experience, as well as sustained reflection by individuals and by whole communities. Such learning of natural law implies the operation of prudence and the assistance of the moral virtues.
Iraq, holding oil reserves second only to those of Saudi Arabia in the Middle East, is locked in a war with Iran whose outcome will affect Western energy supplies and the prospects for stability in the Arabian Gulf. Yet Iraq even now remains little known to Western governments and publics. This study is intended to enlarge understanding of Iraqi behavior and of the concerns that motivate its leaders. Some may find it unconventional. Rather than selecting issues of importance to other countries, the author focuses on the forces that influence policy formulation in Iraq and evokes the perspective from which the Iraqi government itself views its problems and sets its priorities. Part 1 examines the country's evolution into modern Iraq, explaining why problems that have recurred throughout Iraqi history have bedeviled all recent Iraqi governments and created tension between ""Iraq the nation"" and ""Iraq the state."" Part 2 discusses the Arab Ba'th Socialist party, which has dominated Iraqi political life since 1968. The author neither condemns nor praises this controversial party and its current leader, President Saddam Husain, but seeks to explain why they have adopted the positions and taken the actions that have characterized their rule. Part 3 analyzes the war between Iraq and Iran, its causes, and the decisions Iraq has made in light of its goals and its assumptions about Iran. The author finds that this is not simply ""a war over borders"" but a deeper conflict between Islamic conservatism and Arab nationalism. Looking beyond the war, the final chapter assesses Iraq's potential importance in the Middle East and to the world economy.
Tribal Criminal Law and Procedure examines complex Indian nations' tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: * The Tribal Law and Order Act's Enhanced Sentencing Provisions * The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction * Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
John Locke's untitled manuscript "Questions Concerning the Law of Nature" (1664) was his only work focused on the subject of natural law, a circumstance that is especially surprising since his published writings touch on the subject frequently, if inconclusively. Containing a substantial apparatus criticus, this new edition of Locke's manuscript is faithful to Locke's original intentions.
"Rule of law"-the idea that the law is the nation's sovereign authority-has served as a cornerstone for constitutional theory and the jurisprudence of liberty. When law reigns over governors and the governed alike, a citizen need not fear capricious monarchs, arbitrary judges, or calculating bureaucrats. When a citizen obeys the law, life, liberty, and property are safe; when a citizen disobeys, the law alone will determine the appropriate punishment. While the rule of law's English roots can be found in the Middle Ages, its governing doctrine rose to power during the seventeenth and eighteenth centuries. John Phillip Reid traces the concept's progress through a series of landmark events in Great Britain and North America: the trial of Charles I, the creation of the Mayflower Compact, the demand for a codification of the laws in John Winthrop's Massachusetts Bay Colony, and an attempt to harness the Puritan Lord Protector Oliver Cromwell to the rule of law by crowning him king. The American Revolution, the culmination of two centuries of political foment, marked the greatest victory for rule of law. Even as Reid tells this triumphal story, he argues that we must not take for granted what the expression "rule of law" meant. Rather, if we are to understand its nuances, we must closely examine the historical context as well as the intentions of those who invoked it as a doctrine. He makes a convincing case; along the way, he employs generous quotations from key documents to fortify his sometimes startling insights. This combination of solid scholarship and intellectual agility is nothing less than what readers have come to expect from this eminent legal historian.
It is a widely held belief today that there are too many lawsuits, too many lawyers, too much law. As readers of this engaging and provocative essay will discover, the evidence for a "litigation explosion" is actually quite ambiguous. But the American legal profession has become extremely large, and it seems clear that the scope and reach of legal process have indeed increased greatly. How can we best understand these changes? Lawrence Friedman focuses on transformations in American legal culture that is, people's beliefs and expectations with regard to law. In the early nineteenth century, people were accustomed to facing sudden disasters (disease, accidents, joblessness) without the protection of social and private insurance. The uncertainty of life and the unavailability of compensation for loss were mirrored in a culture of low legal expectations. Medical, technical, and social developments during our own century have created a very different set of expectations about life, again reflected in our legal culture. Friedman argues that we are moving toward a general expectation of total justice, of recompense for all injuries and losses that are not the victim's fault. And the expansion of legal rights and protections in turn creates fresh expectations, a cycle of demand and response. This timely and important book articulates clearly, and in nontechnical language, the recent changes that many have sensed in the American legal system but that few have discussed in so powerful and sensible a way."
This volume contributes to the latest studies in legal discourse studies by presenting a descriptive and interpretive analysis of English legal genres used in academic and professional writing contexts. The results of corpora-driven data are discussed through (meta)discourse, genre and other theoretical perspectives, and offer insights into the ways the writers' discursive practices and meanings shape their membership of the legal community and discipline. The volume attempts to show these ideas in systematic and clear language, and is designed for native and non-native readers whether involved in English applied linguistic research or disciplinary English writing instruction. |
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