International Legal Positivism in a Post-Modern World

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Publisher : Cambridge University Press
ISBN 13 : 1316062384
Total Pages : 555 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis International Legal Positivism in a Post-Modern World by : Jörg Kammerhofer

Download or read book International Legal Positivism in a Post-Modern World written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2014-10-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.

The Cambridge Companion to Legal Positivism

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Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

The Threads of Natural Law

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Publisher : Springer Science & Business Media
ISBN 13 : 9400756569
Total Pages : 255 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Threads of Natural Law by : Francisco José Contreras

Download or read book The Threads of Natural Law written by Francisco José Contreras and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.​

Inclusive Legal Positivism

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198258124
Total Pages : 290 pages
Book Rating : 4.2/5 (581 download)

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Book Synopsis Inclusive Legal Positivism by : Wilfrid J. Waluchow

Download or read book Inclusive Legal Positivism written by Wilfrid J. Waluchow and published by Oxford University Press on Demand. This book was released on 1994 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work.

Philosophy and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107138779
Total Pages : 289 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Philosophy and International Law by : David Lefkowitz

Download or read book Philosophy and International Law written by David Lefkowitz and published by Cambridge University Press. This book was released on 2020-10-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

Judging Positivism

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251790
Total Pages : 308 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Judging Positivism by : Margaret Martin

Download or read book Judging Positivism written by Margaret Martin and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

When Science and Christianity Meet

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Publisher : University of Chicago Press
ISBN 13 : 0226482146
Total Pages : 370 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis When Science and Christianity Meet by : David C. Lindberg

Download or read book When Science and Christianity Meet written by David C. Lindberg and published by University of Chicago Press. This book was released on 2003-10-29 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have science and Christianity been locked in mortal combat for the past 2000 years? Or has their relationship been one of peaceful coexistence, encouragement, and support? Both opinions have been vigorously defended, widely disseminated, and hotly debated. And both have been rejected by knowledgeable historians as unacceptable oversimplifications of the historical reality. This book steps back from those debates, abandoning, for the present, the attempt to formulate or defend generalizations of such breadth and scope. Its authors believe that every encounter had its own peculiar shape and that each must be examined uniquely before broader attempts at generalization are likely to succeed. This book, in language accessible to the general reader, investigates twelve of the most notorious, most interesting, and most instructive cases, aiming to tell each story in its historical specificity and local particularity. Among the episodes treated in When Science and Christianity Meet are the Galileo affair, the 17th-century clockwork universe, Noah's ark and flood in the development of natural history, struggles over Darwinian evolution, debates about the origin of the human species, and the Scopes trial. Readers will be introduced to St. Augustine, Roger Bacon, Pope Urban VIII, Isaac Newton, Pierre-Simon de Laplace, Carl Linnaeus, Charles Darwin, T. H. Huxley, Sigmund Freud, and many other participants in the historical drama of science and Christianity. Contributors: *William B. Ashworth Jr. *Thomas H. Broman *Janet Browne *Mott T. Greene *Edward J. Larson *David C. Lindberg *David N. Livingstone *Robert Bruce Mullin *G. Blair Nelson *Ronald L. Numbers *Jon H. Roberts

E-Squared

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Publisher : Hay House, Inc
ISBN 13 : 1401976379
Total Pages : 212 pages
Book Rating : 4.4/5 (19 download)

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Book Synopsis E-Squared by : Pam Grout

Download or read book E-Squared written by Pam Grout and published by Hay House, Inc. This book was released on 2023-08-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the 10th anniversary of the #1 New York Times bestseller, a new release complete with a brand-new Manifesting Scavenger Hunt. E-Squared could best be described as a lab manual with simple experiments to prove once and for all that reality is malleable, that consciousness trumps matter, and that you shape your life with your mind. Rather than take it on faith, you are invited to conduct nine 48-hour experiments to prove there really is a positive, loving, totally hip force in the universe. Yes, you read that right. It says prove. The experiments, each of which can be conducted with absolutely no money and very little time expenditure, demonstrate that spiritual principles are as dependable as gravity, as consistent as Newton’s laws of motion. For years, you’ve been hoping and praying that spiritual principles are true. E-Squared lets you know it for sure. NEW in this edition: A note from Pam Grout on the 10th anniversary of E-Squared, plus a brand-new Manifesting Scavenger Hunt with even more opportunities to prove your manifesting mojo. "I absolutely love this book. Pam has combined a writing style as funny as Ellen DeGeneres with a wisdom as deep and profound as Deepak Chopra's to deliver a powerful message and a set of experiments that will prove to you beyond a doubt that our thoughts really do create our reality." — Jack Canfield, co-creator of the New York Times best-selling Chicken Soup for the Soul® series

Interpretation and Method

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Author :
Publisher : Routledge
ISBN 13 : 1317467353
Total Pages : 734 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Interpretation and Method by : Dvora Yanow

Download or read book Interpretation and Method written by Dvora Yanow and published by Routledge. This book was released on 2015-03-04 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exceptionally clear and well-written chapters provide engaging discussions of the methods of accessing, generating, and analyzing social science data, using methods ranging from reflexive historical analysis to critical ethnography. Reflecting on their own research experiences, the contributors offer an inside, applied perspective on how research topics, evidence, and methods intertwine to produce knowledge in the social sciences.

Essays in Jurisprudence and Philosophy

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Publisher : OUP Oxford
ISBN 13 : 0191018724
Total Pages : 404 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Essays in Jurisprudence and Philosophy by : H. L. A. Hart

Download or read book Essays in Jurisprudence and Philosophy written by H. L. A. Hart and published by OUP Oxford. This book was released on 1983-11-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Re-Search Methods in Social Work

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Publisher : Canadian Scholars
ISBN 13 : 1773383868
Total Pages : 442 pages
Book Rating : 4.7/5 (733 download)

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Book Synopsis Re-Search Methods in Social Work by : Kimberly A. Calderwood

Download or read book Re-Search Methods in Social Work written by Kimberly A. Calderwood and published by Canadian Scholars. This book was released on 2024-04-30 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from a critical theory, de-colonizing, and transformative lens, Re-Search Methods in Social Work: Linking Ways of Knowing to Knowledge Creation brings together in one space an introduction to four worldviews that inform what we call knowledge gathering, knowledge construction, knowledge co-creation, or re-search (depending on the worldview). This text presents a broad range of methods that are commonly used to inform social work practice across Turtle Island/Kanata/Canada, including the steps from inception to knowledge mobilization that are typically followed to acquire knowledge across Indigenous, (post)positivist, interpretivist, and transformative worldviews. This engaging text features reader-friendly language; integrated authorship that spans the four worldviews; discussions of various challenges, strengths, and limitations in bringing together multiple ways of knowing and associated methods; chapter learning outcomes; and discussion questions. With a focus on anti-oppressive practice, social justice, social action, collaboration, and inclusion, Re-Search Methods in Social Work is essential for college and university social work courses, and for social work practitioner-researchers across Turtle Island/Kanata/Canada who are interested in opening their mind to a more wholistic and respectful way of engaging in dialogue about and advancing knowledge that leads to social change.

Institutions of Law

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Publisher : OUP Oxford
ISBN 13 : 019102175X
Total Pages : 334 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Institutions of Law by : Neil MacCormick

Download or read book Institutions of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2007-01-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.

Issues in Contemporary Legal Philosophy

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Issues in Contemporary Legal Philosophy by : Ruth Gavison

Download or read book Issues in Contemporary Legal Philosophy written by Ruth Gavison and published by Oxford University Press, USA. This book was released on 1987 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a conference held in Jerusalem in March 1984.

Irrational Human Rights? An Examination of International Human Rights Treaties

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Publisher : BRILL
ISBN 13 : 9004439765
Total Pages : 290 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Irrational Human Rights? An Examination of International Human Rights Treaties by : Naiade el-Khoury

Download or read book Irrational Human Rights? An Examination of International Human Rights Treaties written by Naiade el-Khoury and published by BRILL. This book was released on 2020-12-15 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms.

Taking Rights Seriously

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Publisher : Harvard University Press
ISBN 13 : 0674237323
Total Pages : 396 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Taking Rights Seriously by : Ronald Dworkin

Download or read book Taking Rights Seriously written by Ronald Dworkin and published by Harvard University Press. This book was released on 2018-06-25 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.

Positive Psychology

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Publisher : Routledge
ISBN 13 : 1351375245
Total Pages : 211 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Positive Psychology by : Rona Hart

Download or read book Positive Psychology written by Rona Hart and published by Routledge. This book was released on 2020-06-15 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and balanced introduction to positive psychology scholarship and its applications, incorporating an overview of the development of positive psychology. Positive Psychology: The Basics delineates positive psychology’s journey as a discipline, takes stock of its achievements and provides an updated overview of its core topics, exploring the theory, research and interventions in each. Launched as a rebellious discipline just over two decades ago, positive psychology challenged the emphasis of applied psychology on disease and dysfunction and offered a new, more balanced perspective on human life. From its foundations in the late 20th century to recent "second-wave" theories around the importance of recognizing negative emotions, this compact overview covers the key ideas and principles, from research around emotional wellbeing, optimism and change, to posttraumatic growth and positive relationships. The first jargon-free introduction to the subject, Hart introduces the reader to a range of issues, including self-regulation and flow, character strengths and virtues and positive relationships, concluding with a chapter on how interventions can affect happiness and wellbeing. Positive Psychology: The Basics is an essential resource for students, practitioners, academics and anyone who is interested in understanding the essence of a life well lived.

The Concept of Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 263 pages
Book Rating : 4.:/5 (159 download)

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Book Synopsis The Concept of Law by : Herbert Lionel Adolphus Hart

Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: