Author: Ernest J. Weinrib
Publisher: Oxford University Press
ISBN: 0198754183
Category : Civil law
Languages : en
Pages : 241
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Book Description
Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.
Author: Ernest J. Weinrib
Publisher: Oxford University Press
ISBN: 019269393X
Category : Law
Languages : en
Pages : 241
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Book Description
Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.
Author: Great Britain
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1230
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Book Description
Author: Leanne Betasamosake Simpson
Publisher: U of Minnesota Press
ISBN: 1452956014
Category : Social Science
Languages : en
Pages : 333
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Book Description
Winner: Native American and Indigenous Studies Association's Best Subsequent Book 2017 Honorable Mention: Labriola Center American Indian National Book Award 2017 Across North America, Indigenous acts of resistance have in recent years opposed the removal of federal protections for forests and waterways in Indigenous lands, halted the expansion of tar sands extraction and the pipeline construction at Standing Rock, and demanded justice for murdered and missing Indigenous women. In As We Have Always Done, Leanne Betasamosake Simpson locates Indigenous political resurgence as a practice rooted in uniquely Indigenous theorizing, writing, organizing, and thinking. Indigenous resistance is a radical rejection of contemporary colonialism focused around the refusal of the dispossession of both Indigenous bodies and land. Simpson makes clear that its goal can no longer be cultural resurgence as a mechanism for inclusion in a multicultural mosaic. Instead, she calls for unapologetic, place-based Indigenous alternatives to the destructive logics of the settler colonial state, including heteropatriarchy, white supremacy, and capitalist exploitation.
Author: Ernest J. Weinrib
Publisher: Oxford University Press
ISBN: 0199660646
Category : Law
Languages : en
Pages : 365
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Book Description
Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Author: Peter Jaffey
Publisher: Bloomsbury Publishing
ISBN: 1509953906
Category : Law
Languages : en
Pages : 197
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Book Description
This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.
Author: Axel Honneth
Publisher: John Wiley & Sons
ISBN: 0745680062
Category : Philosophy
Languages : en
Pages : 441
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Book Description
The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.
Author: William Muir
Publisher: SAGE
ISBN: 1483305260
Category : Political Science
Languages : en
Pages : 758
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Book Description
If you want students to really understand the concept of power, moving beyond a survey book′s quick discussion of Laswell′s "who gets what and how," Muir′s thoughtful Freedom in America might be the book for you. Exploring the words and ideas of such thinkers as Madison, Jefferson, Hamilton, and Tocqueville, Muir discusses the nature and limits of three types of power—coercive, reciprocal, and moral—and then uses this framework to explain how American political institutions work. If looking for an alternative to a long survey text—or itching to get students grappling with The Federalist Papers or Democracy in America with more of a payoff—Muir′s meditation on power and personal freedom is a gateway for students to take their study of politics to the next level. His inductive style, engaging students with well-chosen and masterfully written stories, lets him draw out and distill key lessons without being preachy. Read a chapter and decide if this page turner is for you.
Author: Robert Andelson
Publisher: Shepheard-Walwyn
ISBN: 085683341X
Category : Religion
Languages : en
Pages : 122
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Book Description
Thoughtful and informative, this essay is an analysis of the basis and nature of human rights. Arguing that human rights is an issue that is often invoked but seldom intelligently considered, this record examines concrete, immediate, moral, and social issues, including birth control, taxation, welfare, private behavior, and military service. Noting the inadequacies of non-Christian positions—such as the radical-humanist, utilitarian, and self-realization approaches—this account develops an original thesis in which the absolute ground for rights is the will and grace of God.
Author:
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1222
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Book Description
