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Law and Development - Balancing Principles and Values (Paperback, 1st ed. 2019)
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Law and Development - Balancing Principles and Values (Paperback, 1st ed. 2019)
Series: Kobe University Monograph Series in Social Science Research
Expected to ship within 10 - 15 working days
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This book examines the concept of 'development' from alternative
perspectives and analyzes how different approaches influence law.
'Sustainable development' focuses on balancing economic progress,
environmental protection, individual rights, and collective
interests. It requires a holistic approach to human beings in their
individual and social dimensions, which can be seen as a reference
to 'integral human development' - a concept found in ethics.
'Development' can be considered as a value or a goal. But it also
has a normative dimension influencing lawmaking and legal
application; it is a rule of interpretation, which harmonizes the
application of conflicting norms, and which is often based on the
ethical and anthropological assumptions of the decision maker. This
research examines how different approaches to 'development' and
their impact on law can coexist in pluralistic and multicultural
societies, and how to evaluate their legitimacy, analyzing the
problem from an overarching theoretical perspective. It also
discusses case studies stemming from different branches of law.
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