Justice V. Law in Greek Political Thought PDF Download
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Author: Leslie G. Rubin
Publisher: Rowman & Littlefield
ISBN: 9780847684236
Category : Law
Languages : en
Pages : 292
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Book Description
Do we believe the law good because it is just, or is it just because we think it is good? This collection of essays addresses the relationship of justice to law through the works of Homer, Herodotus, Plato, Aristotle, Sophocles and the Islamic thinker al Farabi. The issues explored include the foundations of our understanding of justice; the foundation of authority of law; the relative merits of the rule of law versus the authority of a wise and just king; the uneasy relationship between particular laws and the general notion of justice (equity); various aspects of justice (reciprocity, proportionality) and their application in law; and the necessity of the rule of law to the goodness and success of a political order. The distinguished contributors often make explicit comparisons to modern situations and contemporary debates. This book will be valuable for those interested in classical political theory, political philosophy, and law.
Author: Leslie G. Rubin
Publisher: Rowman & Littlefield
ISBN: 9780847684236
Category : Law
Languages : en
Pages : 292
Get Book
Book Description
Do we believe the law good because it is just, or is it just because we think it is good? This collection of essays addresses the relationship of justice to law through the works of Homer, Herodotus, Plato, Aristotle, Sophocles and the Islamic thinker al Farabi. The issues explored include the foundations of our understanding of justice; the foundation of authority of law; the relative merits of the rule of law versus the authority of a wise and just king; the uneasy relationship between particular laws and the general notion of justice (equity); various aspects of justice (reciprocity, proportionality) and their application in law; and the necessity of the rule of law to the goodness and success of a political order. The distinguished contributors often make explicit comparisons to modern situations and contemporary debates. This book will be valuable for those interested in classical political theory, political philosophy, and law.
Author: Lin Foxhall
Publisher: Oxford University Press
ISBN: 9780198140856
Category : History
Languages : en
Pages : 198
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Book Description
This volume explores the ways in which law integrated with other aspects of life in ancient Greece. The papers collected here reveal a number of different pathways between law and political, social, and economic life in Greek societies. Emanating from several scholarly traditions, they offer a range of contrasting but complementary insights rarely collected together. What emerges clearly is that law in Greece only takes on its full meaning in a broadly political context. Dynamic tensions govern the relationships between this semi-autonomous legal arena and other spheres of life. An ideology of equality before the law was juxtaposed with a practical reality of individuals' unequal abilities to cope with it. It is hard to draw firm lines between the settlement of cases in court and the spill-over of legal actions into the agora, the streets, the fields, and the houses. Hence it is hardly surprising if justice can all too easily give way to justification.
Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
ISBN: 9400760310
Category : Law
Languages : en
Pages : 284
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Book Description
The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
Author: Costas Douzinas
Publisher: Hart Publishing
ISBN: 9781841134529
Category : Law
Languages : en
Pages : 388
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Book Description
Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer.
Author: Vincent Joseph Samar
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 334
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Book Description
Samar (philosophy, Loyola U.) seeks to develop a metatheory of law that judges could use to decide very hard cases in which the law offers no firm precedents or it is not clear whether the applicable law is just. He discusses theories of political philosophy that set a foundation for the duty to obey law, presents a natural law justification for a legal system containing morally just laws, uses his metatheory to resolve five historically significant constitutional cases, and offers suggestions for legal education. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Allan Beever
Publisher: Oxford University Press
ISBN: 0199675481
Category : Law
Languages : en
Pages : 342
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Book Description
Challenging the assumptions of modern political and legal philosophy, this book presents a historical account of the development of thinking about justice and political obligations. It argues against the modern fixation with the state, and for a return to traditional conceptions of political community and the law.
Author: Hans Kelsen
Publisher: Univ of California Press
ISBN:
Category : Justice
Languages : en
Pages : 410
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Book Description
Author: Adonis Vidu
Publisher: Baker Academic
ISBN: 1441245324
Category : Religion
Languages : en
Pages : 304
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Book Description
Adonis Vidu tackles an issue of great current debate in evangelical circles and of perennial interest in the Christian academy. He provides a critical reading of the history of major atonement theories, offering an in-depth analysis of the legal and political contexts within which they arose. The book engages the latest work in atonement theory and serves as a helpful resource for contemporary discussions. This is the only book that explores the impact of theories of law and justice on major historical atonement theories. Understanding this relationship yields a better understanding of atonement thinkers by situating them in their intellectual contexts. The book also explores the relevance of the doctrine of divine simplicity for atonement theory.
Author: Raphael Sealey
Publisher: University of Michigan Press
ISBN: 9780472105243
Category : History
Languages : en
Pages : 186
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Book Description
A well-grounded study of the Greek contribution to law
Author: Michael Huemer
Publisher: Springer Nature
ISBN: 3030675432
Category : Philosophy
Languages : en
Pages : 375
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Book Description
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
