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Law Obligation Community
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Book Synopsis Law, Obligation, Community by : Daniel Matthews
Download or read book Law, Obligation, Community written by Daniel Matthews and published by Routledge. This book was released on 2018 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law, Obligation, Community by : Daniel Matthews
Download or read book Law, Obligation, Community written by Daniel Matthews and published by Routledge. This book was released on 2018-06-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Theory of Legal Obligation by : Stefano Bertea
Download or read book A Theory of Legal Obligation written by Stefano Bertea and published by Cambridge University Press. This book was released on 2019-10-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.
Book Synopsis Community Law in the French Courts by : Eric E. Bergsten
Download or read book Community Law in the French Courts written by Eric E. Bergsten and published by Springer. This book was released on 1973-01-01 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.
Book Synopsis Rethinking Rights and Responsibilities by : Arthur J. Dyck
Download or read book Rethinking Rights and Responsibilities written by Arthur J. Dyck and published by Georgetown University Press. This book was released on 2005-02-08 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Principles of Community Property by : William Quinby De Funiak
Download or read book Principles of Community Property written by William Quinby De Funiak and published by . This book was released on 1943 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Duty to Obey the Law by : William A. Edmundson
Download or read book The Duty to Obey the Law written by William A. Edmundson and published by Rowman & Littlefield Publishers. This book was released on 1998-12-23 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.
Book Synopsis Rethinking Rights and Responsibilities by : Arthur J. Dyck
Download or read book Rethinking Rights and Responsibilities written by Arthur J. Dyck and published by . This book was released on 1994 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contemporary Perspectives on Legal Obligation by : Stefano Bertea
Download or read book Contemporary Perspectives on Legal Obligation written by Stefano Bertea and published by Routledge. This book was released on 2020-07-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.
Book Synopsis A Treatise on the Law of Community Property by : George McKay
Download or read book A Treatise on the Law of Community Property written by George McKay and published by . This book was released on 1925 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Obligation of Obedience to the Law of the State by : Leonard Alston
Download or read book The Obligation of Obedience to the Law of the State written by Leonard Alston and published by . This book was released on 1905 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Function of Law in the International Community by : Hersch Lauterpacht
Download or read book The Function of Law in the International Community written by Hersch Lauterpacht and published by Oxford University Press, USA. This book was released on 2011 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1933, this is one of the seminal works on international law, written by a legendary scholar in the field. This republication, featuring a new introduction by Professor Martti Koskenniemi, once again makes this book available to scholars and students in this area.
Book Synopsis Community Interests Across International Law by : Eyal Benvenisti
Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Book Synopsis Comparative Studies in Community Property Law by : Jan P. Charmatz
Download or read book Comparative Studies in Community Property Law written by Jan P. Charmatz and published by Praeger. This book was released on 1977-06-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Against Obligation by : Abner S. Greene
Download or read book Against Obligation written by Abner S. Greene and published by Harvard University Press. This book was released on 2012-04-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Book Synopsis Theory of Obligations in International Law by : Cezary Mik
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Book Synopsis Shared Obligations in International Law by : Nataša Nedeski
Download or read book Shared Obligations in International Law written by Nataša Nedeski and published by Cambridge University Press. This book was released on 2022-07-21 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.
