Law, Obligation, Community

Law, Obligation, Community
Author: Daniel Matthews
Publisher: Routledge
Total Pages: 325
Release: 2018-06-27
Genre: Law
ISBN: 1351403699

Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Obligations in Roman Law

Obligations in Roman Law
Author: Thomas McGinn
Publisher: University of Michigan Press
Total Pages: 615
Release: 2013-01-23
Genre: History
ISBN: 047202857X

Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.

A Philosophical Theory of Citizenship

A Philosophical Theory of Citizenship
Author: Steven J. Wulf
Publisher: Lexington Books
Total Pages: 170
Release: 2008
Genre: Law
ISBN: 9780739120408

A Philosophical Theory of Citizenship answers seminal questions about legal obligation, government authority, and political community. It employs an "idiomatic" theory of reality, ethical conduct, and the self to justify patriotic duty, classical liberty, and national sovereignty.

Obligations

Obligations
Author: Scott Veitch
Publisher: Routledge
Total Pages: 167
Release: 2021-02-23
Genre: Law
ISBN: 1000344851

Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.

Political Obligation and Democratic Community

Political Obligation and Democratic Community
Author: Daniel Alan Koltonski
Publisher:
Total Pages: 353
Release: 2011
Genre:
ISBN:

I argue that citizens of a suitably democratic community will have an important duty to uphold their community's laws, even those laws they reasonably think to be unjust, because upholding the law is required if they are to respect their fellows as free and equal citizens. The version of the problem of political obligation that I address, roughly put, is to explain how laws may bind citizens of a community without threatening their status as free persons. This version of the problem must be addressed because, on the one hand, the duty to uphold the law, as a duty to obey (or defer to) another, seems incompatible with freedom, but, on the other, the aspiration of a community of free and equal citizens-the aspiration motivating much of liberal political philosophy-is only realizable if free citizens can have such a duty. I argue here that the persistence of deep but reasonable disagreement between persons about justice requires that an authoritative scheme of laws govern them. However, a law can be authoritative only if it is enacted in a manner that respects all citizens as free and equal, including those citizens who reasonably disagree with that law. Democratic procedures, I argue, are therefore necessary to achieve authoritative law; but, importantly, they are not sufficient, for a problem of freedom still remains. Drawing on the results of an argument about deference in close personal friendships, I argue that democratic procedures result in authoritative law only when those procedures are embedded within a democratic community whose citizens are bound, in their political choices, by genuine ties of civic friendship.

Boundaries of Obligation in American Politics

Boundaries of Obligation in American Politics
Author: Cara J. Wong
Publisher: Cambridge University Press
Total Pages: 287
Release: 2010-03-08
Genre: Political Science
ISBN: 1139487132

This book shows how ordinary Americans imagine their communities and the extent to which their communities' boundaries determine who they believe should benefit from the government's resources via redistributive policies. By contributing extensive empirical analyses to a largely theoretical discussion, it highlights the subjective nature of communities while confronting the elusive task of pinning down 'pictures in people's heads'. A deeper understanding of people's definitions of their communities and how they affect feelings of duties and obligations provides a new lens through which to look at diverse societies and the potential for both civic solidarity and humanitarian aid. This book analyzes three different types of communities and more than eight national surveys. Wong finds that the decision to help only those within certain borders and ignore the needs of those outside rests, to a certain extent, on whether and how people translate their sense of community into obligations.

Protecting Community Interests Through

Protecting Community Interests Through
Author: ZYBERI
Publisher: Intersentia
Total Pages: 350
Release: 2021-11-19
Genre:
ISBN: 9781839701122

This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.

Rethinking Rights and Responsibilities

Rethinking Rights and Responsibilities
Author: Arthur J. Dyck
Publisher: Georgetown University Press
Total Pages: 364
Release: 2005-02-08
Genre: Religion
ISBN: 9781589014060

As members of various and often conflicting communities, how do we reconcile what we have come to understand as our human rights with our responsibilities toward one another? With the bright thread of individualism woven through the American psyche, where can our sense of duty toward others be found? What has happened to our love—even our concern—for our neighbor? In this revised edition of his magisterial exploration of these critical questions, renowned ethicist Arthur Dyck revisits and profoundly hones his call for the moral bonds of community. In all areas of contemporary life, be it in business, politics, health care, religion—and even in family relationships—the "right" of individuals to consider themselves first has taken precedence over our responsibilities toward others. Dyck contends that we must recast the language of rights to take into account our once natural obligations to all the communities of which we are a part. Rethinking Rights and Responsibilities, at the nexus of ethics, political theory, public policy, and law, traces how the peculiarly American formulations of the rights of the individual have assaulted our connections with, and responsibilities for, those around us. Dyck critically examines contemporary society and the relationship between responsibilities and rights, particularly as they are expressed in medicine and health care, to maintain that while indeed rights and responsibilities form the moral bonds of community, we must begin with the rudimentary task of taking better care of one another.

Positive Obligations in Criminal Law

Positive Obligations in Criminal Law
Author: Andrew Ashworth
Publisher: A&C Black
Total Pages: 375
Release: 2014-07-18
Genre: Law
ISBN: 1782253424

This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.