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Author: Martin V.B.P.M. van Hees
Publisher: Springer Science & Business Media
ISBN: 9401094535
Category : Philosophy
Languages : en
Pages : 189
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Book Description
Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology. The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy. The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.
Author: Martin V.B.P.M. van Hees
Publisher: Springer Science & Business Media
ISBN: 9401094535
Category : Philosophy
Languages : en
Pages : 189
Get Book Here
Book Description
Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of legal systems, but he also revises some of its key tenets. He argues that law can be reduced to facts; moreover, he re-establishes the relation between law and morality by arguing that law and positive morality are inherently related. He subsequently uses decision-theoretic tools to develop and defend his reductionist methodology. The second part of the study applies the resulting approach to an analysis of legal freedom. By showing that legal reductionism allows us to analyse the value of liberal legal systems, Van Hees makes a forceful case for including the study of law in moral and political philosophy. The book is accessible to a wide readership, including legal and moral philosophers, political theorists and social scientists.
Author: Bruno Leoni
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 284
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Book Description
The greatest obstacle to rule of law in our time, contends the author of this thought-provoking work, is the problem of overlegislation. In modern democratic societies, legislative bodies are increasingly usurping functions that were and should be exercised by individuals or groups rather than government. The result is an unwieldy surfeit of laws and regulations that by their sheer volume stifle individual freedom.
Author: Marc Jonathan Blitz
Publisher: Springer Nature
ISBN: 3030844943
Category : Psychology
Languages : en
Pages : 317
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Book Description
Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.
Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457
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Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Author: Alfred Thompson Denning Denning
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Toure Reed
Publisher: Verso Books
ISBN: 1786634406
Category : Social Science
Languages : en
Pages : 225
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Book Description
“The most brilliant historian of the black freedom movement” reveals how simplistic views of racism and white supremacy fail to address racial inequality—and offers a roadmap for a more progressive, brighter future (Cornel West, author of Race Matters). The fate of poor and working-class African Americans—who are unquestionably represented among neoliberalism’s victims—is inextricably linked to that of other poor and working-class Americans. Here, Reed contends that the road to a more just society for African Americans and everyone else is obstructed, in part, by a discourse that equates entrepreneurialism with freedom and independence. This, ultimately, insists on divorcing race and class. In the age of runaway inequality and Black Lives Matter, there is an emerging consensus that our society has failed to redress racial disparities. The culprit, however, is not the sway of a metaphysical racism or the modern survival of a primordial tribalism. Instead, it can be traced to far more comprehensible forces, such as the contradictions in access to New Deal era welfare programs, the blinders imposed by the Cold War, and Ronald Reagan's neoliberal assault on the half-century long Keynesian consensus.
Author: Kim Treiger-Bar-Am
Publisher: Routledge
ISBN: 1000008029
Category : Law
Languages : en
Pages : 217
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Book Description
This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors – including so-called users – are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers – including those whose interpretation of Jewish law differs from that adopted by the authorities – are respected.
Author: Herbert Morris
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 568
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Book Description
Author: Alfred Thompson Denning Baron Denning
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 126
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Author: Emma Marie Caillard
Publisher:
ISBN:
Category : Free will and determinism
Languages : en
Pages : 184
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Book Description
