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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law

The Responsibility to Protect in International Law - Philosophical Investigations (Hardcover): Natalie Oman The Responsibility to Protect in International Law - Philosophical Investigations (Hardcover)
Natalie Oman
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It contrasts the influential version of the principle introduced by the International Commission on Intervention and State Sovereignty in 2001 with subsequent interpretations of the responsibility to protect advocated by the United Nations through its human protection agenda, and reviews the dangers and inconsistencies inherent in both perspectives. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential a modern emancipatory formation. To remedy this dangerous malleability, the author advocates a third, distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the "RtoP" version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of non-state actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.

Injustice for All - How Financial Incentives Corrupted and Can Fix the US Criminal Justice System (Paperback): Jason Brennan,... Injustice for All - How Financial Incentives Corrupted and Can Fix the US Criminal Justice System (Paperback)
Jason Brennan, Chris Surprenant
R672 Discovery Miles 6 720 Ships in 12 - 17 working days

American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color-not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice-including district attorneys, elected judges, the police, voters, and politicians-faces bad incentives. Local towns often would rather send people to prison on someone else's dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it-and vote accordingly. And politicians have every incentive to cater to voters' worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what's considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book's suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.

Rethinking Punishment in the Era of Mass Incarceration (Paperback): Chris Surprenant Rethinking Punishment in the Era of Mass Incarceration (Paperback)
Chris Surprenant
R1,253 Discovery Miles 12 530 Ships in 12 - 17 working days

One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.

Injustice for All - How Financial Incentives Corrupted and Can Fix the US Criminal Justice System (Hardcover): Jason Brennan,... Injustice for All - How Financial Incentives Corrupted and Can Fix the US Criminal Justice System (Hardcover)
Jason Brennan, Chris Surprenant
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color-not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice-including district attorneys, elected judges, the police, voters, and politicians-faces bad incentives. Local towns often would rather send people to prison on someone else's dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it-and vote accordingly. And politicians have every incentive to cater to voters' worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what's considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book's suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.

Complexity Theory and Law - Mapping an Emergent Jurisprudence (Paperback): Jamie Murray, Steven Wheatley, Thomas Webb Complexity Theory and Law - Mapping an Emergent Jurisprudence (Paperback)
Jamie Murray, Steven Wheatley, Thomas Webb
R1,275 Discovery Miles 12 750 Ships in 12 - 17 working days

This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory - a variant of systems theory - views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

Foucault's Politics of Philosophy - Power, Law and Subjectivity (Paperback): Sandro Chignola Foucault's Politics of Philosophy - Power, Law and Subjectivity (Paperback)
Sandro Chignola
R1,257 Discovery Miles 12 570 Ships in 12 - 17 working days

Oriented around the theme of a 'politics of philosophy', this book tracks the phases in which Foucault's genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his focus shifted from sovereignty to governance. This theme, Sandro Chignola argues here, is the key to understanding four features of Foucault's work over this period. First, it foregrounds its immediate political character. Second, it demonstrates that Foucault's "Greek trip" also aims at a politics of the subject that is able to face the processes of the governmentalization of power. Third, it makes clear that the idea of the "government of the self" is - drawing on an ethics of intellectual responsibility that is Weberian in origin - an answer to the processes that, within neoliberal governance, produce the subject as an individual (as a consumer, a market agent, an entrepreneur, and so on). Fourth, the theme of a 'politics of philosophy' implies that Foucault's research was never simply scholarly or neutral; but rather was characterized by a specific political position. Against recent interpretations that risk turning Foucault into a scholar, here then Foucault is re-presented as a key figure for jurisprudential and political-philosophical research.

Owned, An Ethological Jurisprudence of Property - From the Cave to the Commons (Hardcover): Johanna Gibson Owned, An Ethological Jurisprudence of Property - From the Cave to the Commons (Hardcover)
Johanna Gibson
R3,924 Discovery Miles 39 240 Ships in 12 - 17 working days

This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property.

The Logic of Choice - An Investigation of the Concepts of Rule and Rationality (Hardcover): Gidon Gottlieb The Logic of Choice - An Investigation of the Concepts of Rule and Rationality (Hardcover)
Gidon Gottlieb
R2,739 Discovery Miles 27 390 Ships in 12 - 17 working days

Originally published in 1968. This is a critical study of the concept of 'rule' featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of 'rationality'. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.

Courts, Politics and Constitutional Law - Judicialization of Politics and Politicization of the Judiciary (Hardcover): Martin... Courts, Politics and Constitutional Law - Judicialization of Politics and Politicization of the Judiciary (Hardcover)
Martin Belov
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Anthropocene Antarctica - Perspectives from the Humanities, Law and Social Sciences (Hardcover): Elizabeth Leane, Jeffrey Mcgee Anthropocene Antarctica - Perspectives from the Humanities, Law and Social Sciences (Hardcover)
Elizabeth Leane, Jeffrey Mcgee
R3,908 Discovery Miles 39 080 Ships in 12 - 17 working days

Anthropocene Antarctica offers new ways of thinking about the 'Continent for Science and Peace' in a time of planetary environmental change. In the Anthropocene, Antarctica has become central to the Earth's future. Ice cores taken from its interior reveal the deep environmental history of the planet and warming ocean currents are ominously destabilising the glaciers around its edges, presaging sea-level rise in decades and centuries to come. At the same time, proliferating research stations and tourist numbers challenge stereotypes of the continent as the 'last wilderness.' The Anthropocene brings Antarctica nearer in thought, entangled with our everyday actions. If the Anthropocene signals the end of the idea of Nature as separate from humans, then the Antarctic, long considered the material embodiment of this idea, faces a radical reframing. Understanding the southern polar region in the twenty-first century requires contributions across the disciplinary spectrum. This collection paves the way for researchers in the Environmental Humanities, Law and Social Sciences to engage critically with the Antarctic, fostering a community of scholars who can act with natural scientists to address the globally significant environmental issues that face this vitally important part of the planet.

Constitutional Law, Religion and Equal Liberty - The Impact of Desecularization (Hardcover): Azin Tadjdini Constitutional Law, Religion and Equal Liberty - The Impact of Desecularization (Hardcover)
Azin Tadjdini
R3,905 Discovery Miles 39 050 Ships in 12 - 17 working days

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Between Democracy and Law - The Amorality of Secession (Hardcover): Carlos Closa, Costanza Margiotta, Giuseppe Martinico Between Democracy and Law - The Amorality of Secession (Hardcover)
Carlos Closa, Costanza Margiotta, Giuseppe Martinico
R3,909 Discovery Miles 39 090 Ships in 12 - 17 working days

This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).

The Anthropological Paradox - Niches, Micro-worlds and Psychic Dissociation (Paperback): Massimo De Carolis The Anthropological Paradox - Niches, Micro-worlds and Psychic Dissociation (Paperback)
Massimo De Carolis
R1,250 Discovery Miles 12 500 Ships in 12 - 17 working days

This book addresses how the erosion of traditional forms of political association and legal regulation has given rise to a pluralism of "imperfect communities" constantly exposed to the risk of dissolution. These are niches and micro-worlds that are connected through precarious and ambivalent ties. Such a far-reaching transformation affects at one and the same time both our psychic and social identity. The book argues that this phenomenon is linked to the proliferation of new forms of psychic "disorder" - depression, personality disorder, dissociation - typical of hypermodern societies. However, while these can easily turn into genuine disorders, they can also open onto richer forms of identity, more complex than those of the past. Based on this analysis, the book's main claim is that this dynamic epitomizes a general anthropological paradox - one that has always marked the human animal: humans are bound by their own biological constitution to fend off disorder by drawing the boundaries of artificial niches, and yet they are inclined to expose themselves to unlimited contingency so that they can find a truly suitable environment. Pursuing a novel understanding of the apparent collapse of traditional juridico-political settings, this book makes the case that the emergence of dissociations at several levels - individual, social, political, legal - does not stem from a lack of political imagination. Rather, it is a situation with which humans are inevitably confronted: a perennial tension between the limited and the unlimited, between the desire to take refuge and the desire to cross borders.

Cultural Difference on Trial - The Nature and Limits of Judicial Understanding (Hardcover, New Ed): Anthony J. Connolly Cultural Difference on Trial - The Nature and Limits of Judicial Understanding (Hardcover, New Ed)
Anthony J. Connolly
R3,342 R1,239 Discovery Miles 12 390 Save R2,103 (63%) Ships in 12 - 17 working days

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. Exploring this issue from within the tradition of contemporary analytical and naturalistic philosophy and drawing upon recent developments in the philosophy of mind and language, this volume is informed by a sound academic and practical grasp of the workings of the legal system itself. Systematically analysing the nature and limits of a judge's ability to understand culturally different thought and action over the course of a trial, this volume is essential reading for anyone interested in the workings of the modern legal system.

Domesticating Kelsen - Towards the Pure Theory of English Law (Hardcover): Alexander Orakhelashvili Domesticating Kelsen - Towards the Pure Theory of English Law (Hardcover)
Alexander Orakhelashvili
R2,675 Discovery Miles 26 750 Ships in 12 - 17 working days

There exists a genuine degree of scepticism as to whether Hans Kelsen's pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory's prism. This insightful book demonstrates that Kelsen's theory is highly suitable to examine some of these issues, and in some aspects of English law it actually possesses the analytical cutting edge. Beginning with an overview of the outlook and methodology of the pure theory of law and placing it within the broader focus of positive scholarship, Orakhelashvili moves on to offer a description of the relationship between methods of the legal theory and the workings of a legal system, along with assessments of the relationship between law and policy in legal theory and in judicial practice, and of criticisms of the pure theory. Thoughtful and perceptive, this book will be valuable reading for legal scholars, social scientists, judges, practicing lawyers, legal historians, political scientists, and law students.

State Law, Dispute Processing And Legal Pluralism - Unspoken Dialogues From Rural India (Hardcover): Kalindi Kokal State Law, Dispute Processing And Legal Pluralism - Unspoken Dialogues From Rural India (Hardcover)
Kalindi Kokal
R3,920 Discovery Miles 39 200 Ships in 12 - 17 working days

This book presents an ethnography of dispute processing by non-state forums and actors in rural India. As such it sheds light on a much neglected and contested topic. Arising in the context of recent legal and political debates that question the legitimacy of non-state actors engaged in dispute processing, the book explores the nature, form, and functioning of such forums and actors in two locations in rural India. Focusing on a fishermen's community belonging to the caste of Hindu Machimar Kolis in coastal Maharashtra and an agrarian community in Uttarakhand with members from the Pandit, Thakur, Bhotia, and Harijan caste groups, this study shows the manner in which non-state forums and actors engage with state law and its regulatory systems.

Law's Sacrifice - Approaching the Problem of Sacrifice in Law, Literature, and Philosophy (Hardcover): Brian Nail, Jeffrey... Law's Sacrifice - Approaching the Problem of Sacrifice in Law, Literature, and Philosophy (Hardcover)
Brian Nail, Jeffrey Ellsworth
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

This volume examines the relationship between law and sacrifice as a crucial nexus for theorizing the dynamics of creation, destruction, transcendence, and violence within the philosophical and legal discourse of western society. At a time of populist political unrest, what philosophical and theoretical resources are available for conceptualizing the discontent that seems to emanate from practically every sphere of society? What narrative strategies have been employed within literary, theological, philosophical, and legal discourse to tame or mystify human violence? Engaging with the work of preeminent theorists of sacrifice, such as Georges Bataille, Rene Girard, Giorgio Agamben, and Jacques Derrida this collection examines from an interdisciplinary perspective the sacrificial logic that characterizes the cultural and political dynamics of law in society. The book will be of interest to students and scholars in the field of legal theory and philosophy.

Perspectives in Role Ethics - Virtues, Reasons, and Obligation (Hardcover): Tim Dare, Christine Swanton Perspectives in Role Ethics - Virtues, Reasons, and Obligation (Hardcover)
Tim Dare, Christine Swanton
R3,918 Discovery Miles 39 180 Ships in 12 - 17 working days

Although our moral lives would be unrecognisable without them, roles have received little attention from analytic moral philosophers. Roles are central to our lives and to our engagement with one another, and should be analysed in connection with our core notions of ethics such as virtue, reason, and obligation. This volume aims to redress the neglect of role ethics by confronting the tensions between conceptions of impartial morality and role obligations in the history of analytic philosophy and the Confucian tradition. Different perspectives on the ethical significance of roles can be found by looking to debates within professional and applied ethics, by challenging existing accounts of how roles generate reasons, by questioning the hegemony of ethical reasons, and by exploring the relation between expertise and virtue. The essays tackle several core questions related to these debates: What are roles and what is their normative import? To what extent are roles and the ethics of roles central to ethics as opposed to virtue in general, and obligation in general? Are role obligations characteristically incompatible with ordinary morality in professions such as business, law, and medicine? How does practical reason function in relation to roles? Perspectives in Role Ethics is an examination of a largely neglected topic in ethics. It will appeal to a broad range of scholars in normative ethics, virtue ethics, non-Western ethics, and applied ethics interested in the importance of roles in our moral life.

Eutopia - New Philosophy and New Law for a Troubled World (Paperback): Philip Allott Eutopia - New Philosophy and New Law for a Troubled World (Paperback)
Philip Allott
R836 Discovery Miles 8 360 Ships in 12 - 17 working days

The human world is in a mess. The human mind is in a mess. And now the human species is threatening its own survival by its own inventions and by war. For thousands of years, human beings conducted a great debate about the human condition and human possibilities, about philosophy and society and law. In 1516, Thomas More, in his book Utopia, contributed to the ancient debate, at another time of profound transformation in the human world. In our own time, we have witnessed a collapse in intellectual life, and a collapse in the theory and practice of education. The old debate is, for all practical purposes, dead. In 2016, Philip Allott's Eutopia resumes the debate about the role of philosophy and society and law in making a better human future, responding to a human world that More could not have imagined. And he lets us hear the voices of some of those who contributed to the great debate in the past, voices that still resonate today.

Locke and Law (Paperback): Thom Brooks Locke and Law (Paperback)
Thom Brooks
R1,396 Discovery Miles 13 960 Ships in 12 - 17 working days

John Locke is one of the most important figures in the history of philosophy. His Two Treatises of Government and A Letter Concerning Toleration fascinate us as much today as they did when first published three centuries ago. Locke and Law presents for the first time in one collection the most important contemporary writings exploring his many contributions to legal theory. These articles and essays deal with a variety of issues, such as natural law, natural rights, property, abortion, constitutional law, the relationship between law and society, punishment, toleration, and civil disobedience.

Augustine and Modern Law (Paperback): Richard O. Brooks Augustine and Modern Law (Paperback)
Richard O. Brooks
R1,463 Discovery Miles 14 630 Ships in 12 - 17 working days

St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.

After Evil - Responding to Wrongdoing (Paperback): Geoffrey Scarre After Evil - Responding to Wrongdoing (Paperback)
Geoffrey Scarre
R1,469 Discovery Miles 14 690 Ships in 12 - 17 working days

Evils, both large and small, are a constant feature of human life. This book is about responding to them and in particular about responding to moral evils, that is, those produced by the deliberate acts of human beings. Prominent in our repertoire of responses to moral evil are forgiveness and punishment, and these, with the numerous conceptual and moral problems they raise, are at the heart of the study in this book. After discussing the idea of evil, Scarre turns to the meaning of forgiveness and the conditions for granting it. He defends a broadly utilitarian approach that stresses the role of forgiveness in repairing the damage that has been caused by injurious or offensive behaviour. Scarre then considers the controversial virtue of mercy and the propriety of revengeful behaviour and resentful attitudes. Finally, he deals with the purpose and justification of judicial punishment, paying particular regard to the appropriate treatment of war criminals. In this timely and sensitively written book, Scarre pays close attention to the existing literature and appraises both contemporary and classical contributions to the debate. This book makes an original contribution to an area of ethical thought that has been attracting an increasing amount of attention from philosophers, jurists and political thinkers.

Saviour Siblings and the Regulation of Assisted Reproductive Technology - Harm, Ethics and Law (Paperback): Malcolm K. Smith Saviour Siblings and the Regulation of Assisted Reproductive Technology - Harm, Ethics and Law (Paperback)
Malcolm K. Smith
R1,415 Discovery Miles 14 150 Ships in 12 - 17 working days

Advances in the field of Assisted Reproductive Technology (ART) have been revolutionary. This book focuses on the use of ARTs in the context of families who seek to conceive a matching sibling donor as a source of tissue to treat an existing sick child. Such children have been referred to as 'saviour siblings'. Considering the legal and regulatory frameworks that impact on the accessibility of this technology in Australia and the UK, the work analyses the ethical and moral issues that arise from the use of the technology for this specific purpose. The author claims the only justification for limiting a family's reproductive liberty in this context is where the exercise of reproductive decision-making results in harm to others. It is argued that the harm principle is the underlying feature of legislative action in Western democratic society, and as such, this principle provides the grounds upon which a strong and persuasive argument is made for a less-restrictive regulatory approach in the context of 'saviour siblings'. The book will be of great relevance and interest to academics, researchers, practitioners and policy makers in the fields of law, ethics, philosophy, science and medicine.

Meaning, Mind and Law (Paperback): Dennis Patterson Meaning, Mind and Law (Paperback)
Dennis Patterson
R1,376 Discovery Miles 13 760 Ships in 12 - 17 working days

In this important collection of papers, Dennis Patterson continues to show the importance of Wittgenstein's thought for problems in legal theory. Ranging across issues in the philosophy of mind to questions of meaning and normativity, this collection of papers is essential reading for anyone with an interest in legal theory.

The Time of Catastrophe - Multidisciplinary Approaches to the Age of Catastrophe (Paperback): Christopher Dole, Robert Hayashi,... The Time of Catastrophe - Multidisciplinary Approaches to the Age of Catastrophe (Paperback)
Christopher Dole, Robert Hayashi, Andrew Poe, Austin Sarat
R1,415 Discovery Miles 14 150 Ships in 12 - 17 working days

If catastrophes are, by definition, exceptional events of such magnitude that worlds and lives are dramatically overturned, the question of timing would pose a seemingly straightforward, if not redundant question. The Time of Catastrophe demonstrates the analytic productiveness of this question, arguing that there is much to be gained by interrogating the temporal conceits of conventional understandings of catastrophe and the catastrophic. Bringing together a distinguished, interdisciplinary group of scholars, the book develops a critical language for examining 'catastrophic time', recognizing the central importance of, and offering a set of frameworks for, examining the alluring and elusive qualities of catastrophe. Framed around the ideas of Agamben, Kant and Benjamin, and drawing on philosophy, history, law, political science, anthropology and the arts, this volume seeks to demonstrate how the question of 'catastrophic time' is in fact a question about something much more than the frequency of disasters in our so-called 'Age of Catastrophe'.

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