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Author: Herlinde Pauer-Studer
Publisher: Cambridge University Press
ISBN: 110715930X
Category : History
Languages : en
Pages : 283
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Book Description
Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.
Author: Herlinde Pauer-Studer
Publisher: Cambridge University Press
ISBN: 110715930X
Category : History
Languages : en
Pages : 283
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Book Description
Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.
Author: Amaya Amell
Publisher: Rowman & Littlefield
ISBN: 1793613354
Category : Law
Languages : en
Pages : 141
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Book Description
Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.
Author: Igor Primoratz
Publisher: Prometheus Books
ISBN: 159102983X
Category : Law
Languages : en
Pages : 210
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Book Description
While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.
Author: Harison Citrawan
Publisher: Taylor & Francis
ISBN: 1040268749
Category : Law
Languages : en
Pages : 246
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Book Description
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included and others are excluded within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice.
Author: Nahshon Perez
Publisher: Edinburgh University Press
ISBN: 0748649646
Category : Political Science
Languages : en
Pages : 186
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Book Description
Should contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and the non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries
Author: John T. Jost
Publisher: Harvard University Press
ISBN: 0674244656
Category : Psychology
Languages : en
Pages : 402
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Book Description
A leading psychologist explains why nearly all of us—including many of those who are persecuted and powerless—so often defend the social systems that cause misery and injustice. Why do we so often defend the very social systems that are responsible for injustice and exploitation? In A Theory of System Justification, John Jost argues that we are motivated to defend the status quo because doing so serves fundamental psychological needs for certainty, security, and social acceptance. We want to feel good not only about ourselves and the groups to which we belong, but also about the overarching social structure in which we live, even when it hurts others and ourselves. Jost lays out the wide range of evidence for his groundbreaking theory and examines its implications for our communities and our democracy. Drawing on twenty-five years of research, he provides an accessible account of system justification theory and its insights. System justification helps to explain deep contradictions, including the feeling among some women that they don’t deserve the same salaries as men and the tendency of some poor people to vote for policies that increase economic inequality. The theory illuminates the most pressing social and political issues of our time—why has it been so hard to combat anthropogenic climate change?—as well as some of the most intimate—why do some black children prefer white dolls to black ones and why do some people stay in bad relationships? Jost’s theory has far-reaching implications, and he offers numerous insights that political activists and social justice advocates can use to promote change.
Author: Martijn W. Hesselink
Publisher: Oxford University Press
ISBN: 0192655736
Category : Law
Languages : en
Pages : 513
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Book Description
This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
Author: Murray Milner
Publisher: Wipf and Stock Publishers
ISBN: 1532666403
Category : Religion
Languages : en
Pages : 135
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Book Description
In the United States and Europe, membership and participation in Christian churches have steadily declined. When asked for their religious preference, increasing numbers say “none.” This is especially the case for younger adults and the well-educated. A key reason is that many find the prayers, creeds, and liturgy—and the theology that underlie these—to be incomprehensible or unbelievable. But theology need not be unbelievable, and doctrine need not be doctrinaire. This book provides a new approach to theology by drawing on sociological concepts that most people will find familiar—for example, role, social relationship, pluralism, hierarchy, and status. At the core of this theology is the concept of sacredness. What is especially new is to see sacredness as the ultimate form of status, that which is most praised and valued. Since virtually everyone is familiar with a variety of status systems—at work, in schools, while shopping, in church—this approach makes theology more understandable and meaningful. Yet we should not abandon the accomplishments of the spiritual and intellectual past. Hence, such classical doctrines as sin, the Trinity, revelation, atonement, salvation and grace, the nature of the church, and worship, are reinterpreted so that they are credible and meaningful to contemporary people. Any moderately educated person will find this book accessible. It is deliberately a brief book that will inform and stimulate laity, be helpful to clergy, and challenge scholars.
Author: Thomas E. Hill, Jr
Publisher: Cambridge University Press
ISBN: 1316583511
Category : Philosophy
Languages : en
Pages : 230
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Book Description
This stimulating collection of essays in ethics eschews the simple exposition and refinement of abstract theories. Rather, the author focuses on everyday moral issues, often neglected by philosophers, and explores the deeper theoretical questions which they raise. Such issues are: is it wrong to tell a lie to protect someone from a painful truth? Should one commit a lesser evil to prevent another from doing something worse? Can one be both autonomous and compassionate? Other topics discussed are servility, weakness of will, suicide, obligations to oneself, snobbery, and environmental concerns. A feature of the collection is the contrast of Kantian and utilitarian answers to these problems. The essays are crisply and lucidly written and will appeal to both teachers and students of philosophy.
Author: Ilan Zvi Baron
Publisher: Lexington Books
ISBN: 0739129759
Category : Social Science
Languages : en
Pages : 297
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Book Description
One of the state's key features is its ability to oblige its citizens to risk their lives on its behalf by being sent into war. However, what is it about the state (or its equivalent) that makes this obligation justifiable? Justifying the Obligation to Die is the first monograph to explore systematically how this obligation has been justified. Using key texts from political philosophy and just war theory, it provides a critical survey of how this obligation has been justified and, using illustrations from Zionist thought and practice, demonstrates how the various arguments for the obligation have functioned. The obligation to risk one's life for the state is often presumed by theorists and practitioners who take the state for granted, but for the Zionists, a people without a state but in search of one and who have little history of state-based political thought, it became necessary to explain this obligation. As such, this book examines Zionism as a Jewish political theory, reading it alongside the tradition of Western political thought, and critiques how Zionist thought and practice sought to justify this obligation to risk one's life in war_what Michael Walzer termed 'the obligation to die.' Finally, turning to the political thought of Hannah Arendt, the author suggests how the obligation could become justifiable, although never entirely justified. For the obligation to become at all justifiable, the type of politics that the state enables must respect human diversity and individuality and restrict violence so that violence is not a continuation of politics.
