Justice And The Slaughter Bench
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Author | : Alan Norrie |
Publisher | : Routledge |
Total Pages | : 356 |
Release | : 2016-09-19 |
Genre | : Law |
ISBN | : 1317355512 |
In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
Author | : Alan William Norrie |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Law |
ISBN | : 9781138955110 |
7 Justice on the slaughter bench: the problem of war guilt in Arendt and Jaspers -- 8 Ethics and history: can critical lawyers talk of good and evil? -- 9 Law, ethics and socio-history: the case of freedom -- 10 Responsibility and the metaphysics of justice -- Bibliography -- Index
Author | : John Panteleimon Manoussakis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2016-12-15 |
Genre | : Philosophy |
ISBN | : 1474299172 |
The Ethics of Time utilizes the resources of phenomenology and hermeneutics to explore this under-charted field of philosophical inquiry. Its rigorous analyses of such phenomena as waiting, memory, and the body are carried out phenomenologically, as it engages in a hermeneutical reading of such classical texts as Augustine's Confessions and Sophocles's Oedipus Rex, among others. The Ethics of Time takes seriously phenomenology's claim of a consciousness both constituting time and being constituted by time. This claim has some important implications for the “ethical” self or, rather, for the ways in which such a self informed by time, might come to understand anew the problems of imperfection and ethical goodness. Even though a strictly philosophical endeavour, this book engages knowledgeably and deftly with subjects across literature, theology and the arts and will be of interest to scholars throughout these disciplines.
Author | : Sarah Federman |
Publisher | : Cambridge University Press |
Total Pages | : 375 |
Release | : 2022-09-08 |
Genre | : Law |
ISBN | : 1009121995 |
Individuals can assume—and be assigned—multiple roles throughout a conflict: perpetrators can be victims, and vice versa; heroes can be reassessed as complicit and compromised. However, accepting this more accurate representation of the narrativized identities of violence presents a conundrum for accountability and justice mechanisms premised on clear roles. This book considers these complex, sometimes overlapping roles, as people respond to mass violence in various contexts, from international tribunals to NGO-based social movements. Bringing the literature on perpetration in conversation with the more recent field of victim studies, it suggests a new, more effective, and reflexive approach to engagement in post-conflict contexts. Long-term positive peace requires understanding the narrative dynamics within and between groups, demonstrating that the blurring of victim-perpetrator boundaries, and acknowledging their overlapping roles, is a crucial part of peacebuilding processes. This title is also available as Open Access on Cambridge Core.
Author | : Alan Norrie |
Publisher | : Routledge |
Total Pages | : 532 |
Release | : 2009-12-04 |
Genre | : Philosophy |
ISBN | : 1135260761 |
Dialectic and Difference is the first systematic exploration of Roy Bhaskar’s dialectical philosophy and its implications for ethics and justice. That philosophy has three aims: a dialecticisation of original critical realism, a ‘critical realisation’ of dialectic, and a metacritique of western philosophy. In the first, real absence or negativity links structured being to dialectical becoming in a dynamic world. The second draws on Marx to locate the critical impulse in Hegel’s dialectic in a material, open and changing totality. The third identifies a central problem in western philosophy from the Greeks on, the failure to think real negativity as the essence of change (‘ontological monovalence’). Bhaskar’s ethics connect basic human ontology with universal principles of freedom and solidarity. He marries (‘constellates’) these with a grasp of how principles are historically shaped. His account of freedom moves from the infant’s ‘primal scream’ to the eudaimonic society, but thinks the limits to freedom under modern conditions. The morally real in ethics and justice is displaced and reconfigured as relations between ‘the ideal’ and ‘the actual’. Western philosophy systematically denies the real negativity that drives Bhaskar’s dialectic. Metacritique traces this to Parmenides and Plato’s account of non-being as difference. It enables a critique of the poststructural radicalisation of difference via Nietzsche and the doctrine of ‘Heraclitan flux’. Mobilised as ‘the other’ of Plato’s Forms, this remains a move on Platonic terrain. It too denies real negativity in structured being as the ground of historical change and moral praxis. This text is essential reading for all serious students of social theory, philosophy, and legal theory.
Author | : Alan Norrie |
Publisher | : Routledge |
Total Pages | : 448 |
Release | : 2013-03-04 |
Genre | : Law |
ISBN | : 1135310254 |
Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Traced historically, the conflicts he describes can be read today in law's treatment of legality and justice, judgment and responsibility. Joint winner of the Hart / Socio-Legal Studies Association Book Prize 2006.
Author | : Leora Bilsky |
Publisher | : University of Michigan Press |
Total Pages | : 253 |
Release | : 2017-09-12 |
Genre | : Business & Economics |
ISBN | : 0472053612 |
An important examination of multinational corporations' accountability in the era of globalization and the long shadow of the Holocaust
Author | : William Lucy |
Publisher | : Bloomsbury Publishing |
Total Pages | : 271 |
Release | : 2017-07-27 |
Genre | : Law |
ISBN | : 1509913300 |
Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms.
Author | : David A. Jenks |
Publisher | : Routledge |
Total Pages | : 477 |
Release | : 2016-12-08 |
Genre | : Political Science |
ISBN | : 1315439549 |
Global Crime and Justice offers a truly transnational examination of both deviance and social controls around the world. Unlike comparative textbooks detailing the criminal justice systems of a few select nations, or cataloging types of international crimes that span multiple legal jurisdictions, Global Crime and Justice provides a critical and integrated investigation into the nature of crime and how different societies react to it. The book first details various types of international crime, including genocide, war crimes, international drug and weapons smuggling, terrorism, slavery, and human trafficking. The second half covers international law, international crime control, the use of martial law, and the challenges of balancing public order with human and civil rights. Global Crime and Justice is suitable for use in criminology and criminal justice departments, as well as in political science, international relations, and global studies programs. It will appeal to all who seek an academically rigorous and comprehensive treatment of the international and transnational issues of crime and social order.
Author | : Michael J. Sweeney |
Publisher | : Rowman & Littlefield |
Total Pages | : 697 |
Release | : 2016-08-30 |
Genre | : Philosophy |
ISBN | : 1442271175 |
Arguably the most transformative force in contemporary society is the commitment to justice through diversity. A prime example is the change justice through diversity has wrought on who enters, teaches and administers the university. It has changed the content of what is taught and the mission statements that define the purpose of higher education. What is rarely defined, however, is justice and how it is related to diversity. If justice is equality, are all differences equal? Are all differences in race, gender, sexual orientation, national origin, ethnicity, religion and culture equal? Should such differences be weighted differently and thus hierarchically? On what basis are those differences to be weighted and ranked to ensure equality? Justice Through Diversity brings together a Who’s Who of contemporary scholars to explore these questions and others in an attempt to understand one of the central commitments in the modern world.