Philosophy Of Law Theories Examples And Human Rights

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Philosophy of Law, Theories, Examples and Human Rights

Author : Charalampos Stamelos
Publisher : Ethics International Press
ISBN 13 : 1804411868
Total Pages : 344 pages
Book Rating : 4.8/5 (44 download)

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Book Synopsis Philosophy of Law, Theories, Examples and Human Rights by : Charalampos Stamelos

Download or read book Philosophy of Law, Theories, Examples and Human Rights written by Charalampos Stamelos and published by Ethics International Press. This book was released on 2024-08-13 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book Philosophy of Law presents relevant theories, puts emphasis on the analysis of the branches of law and of basic human rights, and proposes the holistic analysis of law. In the first part the author analyses the main elements of each theory (natural law, legal positivism, legal realism, legal formalism, legal liberalism, economic analysis of law, critical legal studies). The main philosophers of law or supporters of each theory are discussed. In the second part of the book human rights and jurisprudence are analysed in the context of public law, criminal law (e.g., death penalty), private law and international law. The holistic analysis of law is proposed as a theory to address modern problems, such as poverty, climate change, the pandemic, and other global issues. The book is designed primarily for law students, teachers and supervisors.

Philosophy of Human Rights

Author : David Boersema
Publisher : Routledge
ISBN 13 : 0429977948
Total Pages : 398 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Philosophy of Human Rights by : David Boersema

Download or read book Philosophy of Human Rights written by David Boersema and published by Routledge. This book was released on 2018-04-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining the sustained, coherent perspective of an authored text with diverse, authoritative primary readings, Philosophy of Human Rights provides the context and commentary students need to comprehend challenging rights concepts. Clear, accessible writing, thoughtful consideration of primary source documents, and practical, everyday examples pertinent to students' lives enhance this core textbook for courses on human rights and political philosophy. The first part of the book explores theoretical aspects, including the nature, justification, content, and scope of rights. With an emphasis on contemporary issues and debates, the second part applies these theories to practical issues such as political discourse, free expression, the right to privacy, children's rights, and victims' rights. The third part of the book features the crucial documents that are referred to throughout the book, including the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human Rights and Peoples' Rights, and many more.

Philosophical Theory and the Universal Declaration of Human Rights

Author : William Sweet
Publisher : University of Ottawa Press
ISBN 13 : 0776605585
Total Pages : 250 pages
Book Rating : 4.7/5 (766 download)

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Book Synopsis Philosophical Theory and the Universal Declaration of Human Rights by : William Sweet

Download or read book Philosophical Theory and the Universal Declaration of Human Rights written by William Sweet and published by University of Ottawa Press. This book was released on 2003 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophical Theory and the Universal Declaration of Human Rights examines the relations and interrelations among theoretical and practical analyses of human rights. Edited by William Sweet, this volume draws on the works of philosophers, political theorists and those involved in the implementation of human rights. The essays, although diverse in method and approach, collectively argue that the language of rights and corresponding legal and political instruments have an important place in contemporary social political philosophy. Published in English.

A Philosophy Of International Law

Author : Fernando Teson
Publisher : Routledge
ISBN 13 : 0429982283
Total Pages : 311 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis A Philosophy Of International Law by : Fernando Teson

Download or read book A Philosophy Of International Law written by Fernando Teson and published by Routledge. This book was released on 2018-10-08 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should sovereign states obey international law? In this groundbreaking study Fernando Tesón argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.

Philosophy of Law

Author : Raymond Wacks
Publisher : Oxford University Press
ISBN 13 : 0199687005
Total Pages : 169 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Philosophy of Law by : Raymond Wacks

Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

The Philosophy of International Law

Author : Samantha Besson
Publisher : OUP Oxford
ISBN 13 : 0191613533
Total Pages : 632 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Philosophy of International Law by : Samantha Besson

Download or read book The Philosophy of International Law written by Samantha Besson and published by OUP Oxford. This book was released on 2010-04-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.

Philosophy of Law

Author : Larry May
Publisher : Wiley-Blackwell
ISBN 13 :
Total Pages : 654 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Philosophy of Law by : Larry May

Download or read book Philosophy of Law written by Larry May and published by Wiley-Blackwell. This book was released on 2010 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. The volume introduces the classical questions of philosophy of law as well as new emerging areas of theoretical dispute for legal theorists, philosophers, and lawyers. Providing introductions to all major areas of Anglo-American law, and the major philosophical underpinnings of each of these areas, it also examines questions concerning the theoretical foundation and application of international law. The text includes seminal essays from the history of philosophy, including works from Thomas Hobbes, John Locke, John Austin, Jeremy Bentham, Immanuel Kant, John Stuart Mill, and others. In addition, many contemporary theorists are included, such as H. L. A. Hart, Ronald Dworkin, Robert Nozick, Richard Posner, Richard Epstein, A. M. Honoré, and Michael Moore, as well as diverse voices from feminism, critical theory, postmodernism, and critical race theory. By bringing together these different and distinct voices into dialogue, the volume fully represents the philosophical foundations of various areas of law. By exposing students to a wide range of theoretical views, this book challenges students to think critically about law in the US and elsewhere, and between nations.

Philosophy of Law

Author : Mark Tebbit
Publisher : Taylor & Francis
ISBN 13 : 1315281007
Total Pages : 315 pages
Book Rating : 4.3/5 (152 download)

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Book Synopsis Philosophy of Law by : Mark Tebbit

Download or read book Philosophy of Law written by Mark Tebbit and published by Taylor & Francis. This book was released on 2017-01-20 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, [the author] ... leads readers into the heart of the philosophical questions that dominate philosophy of law today ... and [provides an] overview of the contending theories that have sought to resolve these problems ... The book is structured in three parts around the key issues and themes in philosophy of law: what is the law? : the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism; the reach of the law : the various legal theories on the nature and extent of the law's authority, with regard to obligation and civil disobedience, rights, liberty and privacy; and criminal law : responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment ... Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin-Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law-positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress."--

The Threads of Natural Law

Author : Francisco José Contreras
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.

Philosophy of Law

Author : John Finnis
Publisher : Oxford University Press
ISBN 13 : 0199580081
Total Pages : 522 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Philosophy of Law by : John Finnis

Download or read book Philosophy of Law written by John Finnis and published by Oxford University Press. This book was released on 2011-04-07 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of John Finnis's collected essays shows the full range and power of his contributions to the philosophy of law. The volume collects over 20 papers on the foundations of law's authority; major theories and theorists of law; legal reasoning ; revolutions, rights and law; and much more.

Law's Meaning of Life

Author : Ngaire Naffine
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314821
Total Pages : 224 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Law's Meaning of Life by : Ngaire Naffine

Download or read book Law's Meaning of Life written by Ngaire Naffine and published by Bloomsbury Publishing. This book was released on 2009-01-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.

Philosophy and International Law

Author : David Lefkowitz
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.

Legal Theory Meets Legal Practice

Author : International Association for Philosophy of Law and Social Philosophy. Canadian Section
Publisher : Edmonton, Alta. : Academic Printers & Publishing
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Legal Theory Meets Legal Practice by : International Association for Philosophy of Law and Social Philosophy. Canadian Section

Download or read book Legal Theory Meets Legal Practice written by International Association for Philosophy of Law and Social Philosophy. Canadian Section and published by Edmonton, Alta. : Academic Printers & Publishing. This book was released on 1988 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Universal Human Rights in Theory and Practice

Author : Jack Donnelly
Publisher : Cornell University Press
ISBN 13 : 9780801487767
Total Pages : 308 pages
Book Rating : 4.4/5 (877 download)

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Book Synopsis Universal Human Rights in Theory and Practice by : Jack Donnelly

Download or read book Universal Human Rights in Theory and Practice written by Jack Donnelly and published by Cornell University Press. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: (unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR

Making Sense of Human Rights

Author : James W. Nickel
Publisher : Univ of California Press
ISBN 13 : 9780520059948
Total Pages : 276 pages
Book Rating : 4.0/5 (599 download)

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Book Synopsis Making Sense of Human Rights by : James W. Nickel

Download or read book Making Sense of Human Rights written by James W. Nickel and published by Univ of California Press. This book was released on 1987 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and extended edition of James Nickel's classic study explains and defends the contemporary conception of human rights. Combining philosophical, legal and political approaches, Nickel explains international human rights law and addresses questions of justification and feasibility. New, revised edition of James Nickel's classic study. Explains and defends the conception of human rights found in the" Universal Declaration of Human Rights" (1948) and subsequent treaties in a clear and lively style. Covers fundamental freedoms, due process rights, social rights, and minority rights. Updated throughout to include developments in law, politics, and theory since the publication of the first edition. New features for this edition include an extensive bibliography and a chapter on human rights and terrorism.

An Introduction to Rights

Author : William A. Edmundson
Publisher : Cambridge University Press
ISBN 13 : 9780521008709
Total Pages : 244 pages
Book Rating : 4.0/5 (87 download)

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Book Synopsis An Introduction to Rights by : William A. Edmundson

Download or read book An Introduction to Rights written by William A. Edmundson and published by Cambridge University Press. This book was released on 2004-03-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the only accessible and readable introduction to the history, logic, moral implications, and political tendencies of the idea of rights. It is organized chronologically, and discusses important events, such as the French Revolution. As an undergraduate text it is well-suited to introductions to political philosophy, moral philosophy, and ethics. It could also be used in courses on political theory in departments of political science and government, and in courses on legal theory in law schools.

The Heart of Human Rights

Author : Allen Buchanan
Publisher : Oxford University Press
ISBN 13 : 0199325391
Total Pages : 331 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Heart of Human Rights by : Allen Buchanan

Download or read book The Heart of Human Rights written by Allen Buchanan and published by Oxford University Press. This book was released on 2013-10-23 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.