An Annual Survey of Australian Law

An Annual Survey of Australian Law PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 580

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An Annual Survey of Australian Law

An Annual Survey of Australian Law PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 580

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Book Description


An Annual Survey of Australian Law

An Annual Survey of Australian Law PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 552

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Book Description


Current Law Index

Current Law Index PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1254

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Religion and Public Reasons

Religion and Public Reasons PDF Author: John Finnis
Publisher: OUP Oxford
ISBN: 0191616214
Category : Law
Languages : en
Pages : 434

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Book Description
The essays in Religion and Public Reasons seek to argue for, and illustrate, a central element of John Finnis's theory of natural law: that the main tenets of personal and political morality, and of a good legal order, are taught both by reason (arguments accessible to everyone) and by authentic divine revelation (teachings accessible to all who have a reasonable faith in its witnesses). The author's main books each include arguments for rejecting atheism and agnosticism; several papers here take up these arguments and indicate ways in which they open onto the reasonable grounds for accepting that more about God's nature, and about the meaning of Creation (including ongoing natural evolution), is disclosed by the revelation carried far forward among the Jewish people, and given definitive form by the Jews and Greeks who assembled in the universal Church, as witnesses of Christ, to carry forward that revelation into our present. Several papers argue that "public reason" properly includes such a religion, and that Humeian, Nietzschean, Deweyian, Rawlsian or other atheistical or deistic understandings of a reasonable secularism are badly mistaken. Many substantial papers record the author's position in controversies within Catholicism since the 1960s: on social justice, contraception and abortion; nuclear deterrence; Newman on conscience before pope; Maritain's hopes for a new Christendom and von Balthasar's for a hell empty of human persons; and on "proportionalism" and Lonerganian "historical consciousness" as moral-theological methods. Previously unpublished papers include several University and college sermons, and a substantial introduction.

European Competition Law Annual 2013

European Competition Law Annual 2013 PDF Author: Philip Lowe
Publisher: Bloomsbury Publishing
ISBN: 1509900470
Category : Law
Languages : en
Pages : 683

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Book Description
This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

Reason in Action

Reason in Action PDF Author: John Finnis
Publisher: OUP Oxford
ISBN: 0191616176
Category : Law
Languages : en
Pages : 378

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Book Description
Reason in Action collects John Finnis's work on the theory of practical reason and moral philosophy. The essays in the volume range from foundational issues of meta-ethics to the practical application of natural law theory to ethical problems such as nuclear deterrence, obscenity and free speech, and abortion and cloning. Defending the objectivity of some evaluative and moral judgments, the volume's meta-ethical papers debate with figures as diverse as Jurgen Habermas, Bernard Williams, David Hume, Max Weber, and Christine Korsgaard, and offer a new understanding of Wittgenstein's On Certainty. Further papers engage with Philippa Foot, Geoffrey Warnock, Leo Strauss, Terence Irwin, Matthew Kramer, neo-scholastic interpreters of Aquinas, utilitarians, game theorists, and Immanuel Kant on the shape of moral thought. John Rawls's conception of public reason, J.S. Mill's understanding of free speech, and Jacques Maritain's appeal to "connatural" knowledge are critically contested. Foundational questions addressed in the volume include: how legal reasoning differs from general practical reasoning; how aesthetic appreciation differs from erotic attraction; how subrational elements enter into the rational standard of fairness; how virtues depend upon principles and norms; and how incommensurabilities count in moral thought. These essays mark the development of Finnis's new classical theory of natural law, engaged with contemporary thinkers and problems. Several essays, including two previously unpublished, show the theory's emergence before Natural Law and Natural Rights. Other unpublished essays include a discussion of pornography, an analysis of freedom of speech, and a substantive introduction reflecting on the theory, its reception, and the convergence on it of capabilities theorists such as Amartya Sen and Martha Nussbaum.

Intention and Identity

Intention and Identity PDF Author: John Finnis
Publisher: Oxford University Press
ISBN: 0199580065
Category : Law
Languages : en
Pages : 376

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Book Description
Intention and Identity presents John Finnis's accounts of personal existence; group identity and common good; and the moral significance of personal intention. Joining conceptual analysis with ethical problems surrounding the beginning and end of life, the papers show the power of a neglected aspect of Finnis's natural law theory.

Human Rights and Common Good

Human Rights and Common Good PDF Author: John Finnis
Publisher: Oxford University Press, USA
ISBN: 0199580073
Category : Law
Languages : en
Pages : 442

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Book Description
Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; economic justice; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

The Juridical Bay

The Juridical Bay PDF Author: Gayl Shaw Westerman
Publisher: Oxford University Press
ISBN: 0195345371
Category : Law
Languages : en
Pages : 303

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Book Description
This first work in the new Oxford Monographs in International Law Series to be edited by Ian Brownlie, QC, FBA, is a study of juridical bays. In 1958, against a backdrop of increasing international tensions regarding rights to and control of waters enclosed by coastal indentations, the world community, in a historic compromise reached under United Nations auspices, adopted Article 7 of the Geneva Convention "On the Territorial Sea and the Contiguous Zone". Recognizing the need to balance the self-protective interests of coastal states and the international interests of a harmonious world community, the signatories to Article 7 decided, in effect, that once the water enclosed within a coastal indentation met the requirements set out under Article 7, an irrebutable presumption had been raised that the claimant state owned these waters as a matter of right against all other states. Well-drafted and remarkably unambiguous, Article 7 should have resolved the issue of unreasonably expansive bay claims forever, but, in fact, it did not. Disputes continued to arise. In the twenty years since its adoption, despite continuing national and international disputes, Article 7 has not received the analysis necessary to help it become a more reliable basis for conflict resolution in cases involving complex coastal configurations. This study, the first major examination of Article 7, interprets both its text and context and more importantly, offers solutions to some of the problems that continue to make the question of coastal bay-type waters sources of national and international conflict.

Australian Constitutional Landmarks

Australian Constitutional Landmarks PDF Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 9781139450355
Category : Law
Languages : en
Pages : 476

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Book Description
Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.