Author: Marc Hertogh
Publisher: Bloomsbury Publishing
ISBN: 1847314775
Category : Law
Languages : en
Pages : 292
Get Book Here
Book Description
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.
Author: Miguel E. Vatter
Publisher:
ISBN: 0197546501
Category : Law
Languages : en
Pages : 361
Get Book Here
Book Description
"In his 1935 treatise on divine sovereignty, the Jewish philosopher Martin Buber introduced the idea of an 'anarchic soul of theocracy.' A decade before, the German jurist Carl Schmitt had coined the term 'political theology' in order to designate the Christian theological foundations of modern sovereignty and legal order. In a specular and opposite gesture, Buber argued that the covenant at Sinai established YHWH as the King of the Israelites and simultaneously promulgated the principle that no human being could become sovereign over this people. In so doing, Buber offered an interpretation of Jewish theocracy that is both republican and anarchic. Republican because, by pivoting on the idea that democracy is a function of a people's fidelity to a prophetic higher law, theocracy displaces the central role of the human sovereign. Anarchic because this divine law is saturated with the messianic aim to put an end to relations of domination between peoples. In this book I show that this republican and anarchic articulation of the discourse of political theology characterises the development of Jewish political theology in the 20th century from Hermann Cohen to Hannah Arendt"--
Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697545
Category : Law
Languages : en
Pages : 325
Get Book Here
Book Description
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Author: Jani Ortlund
Publisher: Crossway
ISBN: 1433520001
Category : Religion
Languages : en
Pages : 178
Get Book Here
Book Description
Many Christians view the Ten Commandments as laws they are forced to obey in order to stay on God's good side. In her book His Loving Law, Our Lasting Legacy, Jani Ortlund invites readers to look at the Ten Commandments from a different perspective. Ortlund urges believers to recognize the Ten Commandments as a mirror, reflecting our need for God's cleansing and forgiveness. Throughout the book, each commandment is presented not as another rule to follow, but as an invitation to experience more of God's love. As readers grasp this knowledge, they are able to experience true freedom in Christ. They will begin to understand how embracing God's laws and passing them along to future generations offers a needy world a glimpse of the truth of God's love.
Author: W. J. Waluchow
Publisher: Cambridge University Press
ISBN: 1139462814
Category : Philosophy
Languages : en
Pages : 7
Get Book Here
Book Description
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author: Roger Cotterrell
Publisher: Routledge
ISBN: 1351559982
Category : Law
Languages : en
Pages : 359
Get Book Here
Book Description
Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.
Author: Michael Asimow
Publisher: American Bar Association
ISBN: 9781604423280
Category : Law
Languages : en
Pages : 484
Get Book Here
Book Description
From Perry Mason and The Defenders in the 1960s to L.A. Law in the 80s, The Practice and Ally McBeal in the 90s, to Boston Legal, Shark and Law & Order today, the television industry has generated an endless stream of dramatic series involving law and lawyers. This new guide examines television series from the past and present, domestic and foreign, that are devoted to the law.
Author: Miguel Vatter
Publisher: Oxford University Press
ISBN: 019754651X
Category : Law
Languages : en
Pages : 361
Get Book Here
Book Description
It is often assumed that modern democratic government has a special link with Christianity or was made possible due to Christianity. As a challenge to this belief and echoing a long-held assumption in the republican tradition, Hannah Arendt once remarked that "Washington's and Napoleon's heroes were named Moses and David." In this book, Miguel Vatter reconstructs the political theology of German Jewish philosophers during the twentieth century and their attempts to bring together the Biblical teachings on politics with the Greek and Roman traditions of political philosophy. Developed alongside modern experiences with anti-Semitism, the rise of Zionism, and the return of charismatic authority in mass societies, Jewish political theology in the twentieth century advances the radical hypothesis that the messianic idea of God's Kingdom correlates with a post-sovereignty, anarchist political condition of non-domination. Importantly, Jewish philosophers combined this messianic form of democracy with the ideal of cosmopolitan constitutionalism, which is itself based on the identity of divine law and natural law. This book examines the paradoxical unity of anarchy and rule of law in the democratic political theology developed by Hermann Cohen, Franz Rosenzweig, Gershom Scholem, Leo Strauss, and Hannah Arendt. Critical of the Christian theological underpinnings of modern representative political institutions, this group of highly original thinkers took up the banner of Philo's project to unify Greek philosophy with Judaism, and rejected the separation between faith and reason, as well as the division between Biblical revelation and pagan philosophy. The Jewish political theology they developed stands for the idea that human redemption is inseparable from the redemption of nature. Living Law offers an alternative genealogy of political theology that challenges the widespread belief that modern republican political thought is derived from Christian sources.
Author: Scott R. Murray
Publisher:
ISBN: 9780570042891
Category : Religion
Languages : en
Pages : 0
Get Book Here
Book Description
This book recounts, explains, and treats critically the 20th century American battles on the doctrine of the "third use" of the Law: the Law as a guide, teaching Christians what they should and should not do to lead God-pleasing lives. The author examines the key theologians in this debate and their positions, offers insights into the main issues, and seeks to present a Biblical and Lutheran understanding of the role of the Law in the Christian's life. The book touches on classic points of discussion in 20th century American theology, such as scriptural authority, theological method, doctrine of the Law and Gospel, and the impact made by existentialism.
Author: Sandro Chignola
Publisher: Taylor & Francis
ISBN: 1040090478
Category : Law
Languages : en
Pages : 153
Get Book Here
Book Description
This book offers a radical new understanding of law, beyond the confines of its formalization by the state. The book takes off from the late work of Gilles Deleuze and Michel Foucault, for whom law and its institutions came to be liberated from an ideological perspective that had treated them as sterile instruments for the reproduction of domination. Engaging its continental history, it addresses the concept of law, not merely as a ‘command’, but as the result of a much more complex legal operation aimed at dynamically stabilizing the social relations of a community. The book thus sidesteps the usual legal-political focus on those – from Hobbes to Schmitt – who have contributed to the categorical scheme of the modern state, and with it questions of political representation, sovereignty, the rigid distinction between public law and private law, and so on, as it pursues an alternative theoretical trajectory through Ravaisson, Tarde, and Hauriou. Politics, the book maintains, can be no longer be treated simply through the state form. And, relatedly, the law must be seen as a living law: a law that cannot be treated exclusively in formal terms, but must be taken as a grammar capable of articulating a politics of process, relationality, and innovation. Reconceived as such, law can then circumvent the aporias that arise when society is viewed as a private company, and the state seen as the bearer of the only possible means of formalizing its relationships. At the intersection of law and political theory, this book will speak to scholars and others with interests in both these areas, and especially those concerned with the limits of both conventional and critical approaches to law.
