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Books > Law > Jurisprudence & general issues > Foundations of law > General
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).
How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from "nothing" to "everything." In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions-semantic, jurisprudential, and doctrinal-in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
From Moscow, the world looks different. It is through understanding how Russia sees the world and its place in it that the West can best meet the Russian challenge.Russia and the West are like neighbors who never seem able to understand each other. A major reason, this book argues, is that Western leaders tend to think that Russia should act as a "rational" Western nation even though Russian leaders for centuries have thought and acted based on their country's much different history and traditions. Russia, through Western eyes, is unpredictable and irrational, when in fact its leaders from the czars to Putin almost always act in their own very predictable and rational ways. For Western leaders to try to engage with Russia without attempting to understand how Russians look at the world is a recipe for repeated disappointment and frequent crises. Keir Giles, a senior expert on Russia at Britain's prestigious Chatham House, describes how Russian leaders have used consistent doctrinal and strategic approaches to the rest of the world. These approaches may seem deeply alien in the West, but understanding them is essential for successful engagement with Moscow. Giles argues that understanding how Moscow's leaders think not just Vladimir Putin but his predecessors and eventual successors will help their counterparts in the West develop a less crisis-prone and more productive relationship with Russia.
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.
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 is a collection of essays ranging from Pufendorf, Sociality and the Modern State by Craig L. Carr and Michael Seidler, to Conscience and Reason: The Natural Law Theory of Jean Barbeyrac by Tim Hochstrasser.
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