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| Author | : Sean Coyle |
| Publisher | : Cambridge University Press |
| Total Pages | : 399 |
| Release | : 2013-06-27 |
| Genre | : Law |
| ISBN | : 0521196590 |
Examines modern politics, justice and order in light of the historical, philosophical and theological forces which helped define them.
| Author | : Sean Coyle |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 394 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782254145 |
This book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories and systematic discussion of themes such as legality and justice. It gives readers a better understanding of the rival viewpoints by exploring the historical developments which give modern thinking its distinctive shape, and placing law in its political context. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that build to a fresh and original perspective on the subject.
| Author | : Martha Albertson Fineman |
| Publisher | : Routledge |
| Total Pages | : 236 |
| Release | : 2016-02-11 |
| Genre | : Law |
| ISBN | : 1317000919 |
Martha Albertson Fineman’s earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the ’autonomous’ subject of liberal law and politics in the context of US equality discourse. Her ’vulnerability thesis’ represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ’vulnerability thesis’. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman’s work, as well as those for whom Fineman’s work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
| Author | : Eduardo von Adamovich |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 455 |
| Release | : 2022-05-13 |
| Genre | : Law |
| ISBN | : 1527583503 |
Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.
| Author | : Margaret Martin |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 308 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782251790 |
Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike.
| Author | : Keith E. Whittington |
| Publisher | : OUP Oxford |
| Total Pages | : 828 |
| Release | : 2010-06-11 |
| Genre | : Political Science |
| ISBN | : 0191616281 |
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
| Author | : Monica Bhandari |
| Publisher | : Oxford University Press |
| Total Pages | : 331 |
| Release | : 2017-02-23 |
| Genre | : Law |
| ISBN | : 0192519379 |
Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.
| Author | : Sean Coyle |
| Publisher | : Oxford University Press |
| Total Pages | : 497 |
| Release | : 2023-08-11 |
| Genre | : Law |
| ISBN | : 0192886991 |
Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are 'post-truth' and 'alternative facts'. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.
| Author | : Joan Lockwood ODonovan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 232 |
| Release | : 2023-11-16 |
| Genre | : Religion |
| ISBN | : 0567712559 |
This study commends the public theology of the English Reformation as a fruitful though neglected resource for a critical analysis of the contradictions of freedom that riddle late-modern liberal democracies and a constructive response to them. Drawn from the key legal, liturgical, homiletic and confessional elements of the English Reformation, this foundational Anglican tradition provides a theological vantage point for understanding current moral and political impasses in the western legacy of natural rights. The extensive development of natural rights in pre-modern scholastic theory and practice and its continuity with theoretical development from the 17th century onward make the Reformers' criticisms of scholastic moral, political, and ecclesial thought germane to identifying the problematic features of the prevailing modern tradition and to furnishing a theological alternative to them. These features are: an individualistic and voluntarist conception of moral agency, a regulative and juridical orientation to human relationships, and an anthropocentric concentration on human rather than on divine right, judgement, and freedom. The humanity they portray is detached from its created ordering to Christological perfection and bound within a self-enclosed ethical and political self-understanding. This is effectively countered by the English reformers' presentation of the salvation of creation in Christ, faith working through love, the spiritual fellowship of the church, and the provisional character of political jurisdiction.
| Author | : Keith Culver |
| Publisher | : Oxford University Press |
| Total Pages | : 223 |
| Release | : 2010-03-23 |
| Genre | : Law |
| ISBN | : 0199708061 |
English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
