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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: 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: 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: 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: 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: Robert Leigh
Publisher: Wipf and Stock Publishers
ISBN: 1498299172
Category : Religion
Languages : en
Pages : 276
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Book Description
Freedom is vital both to Karl Barth's theology and to modern religion, politics, and culture. Leigh describes how Barth's lifelong fascination by freedom culminated in a fresh, daring engagement with it in his last completed book, volume IV/3 of the massive Church Dogmatics--which is probably the most important work of Christian theology in the twentieth century. That volume builds on Barth's earlier work but also goes beyond it in ways that have not yet been appreciated. Leigh shows how this mature theology of Barth not only responds profoundly to key questions about freedom, both in philosophy and theology, but also opens up a rich, habitable understanding of Jesus Christ, and of life in relationship with him, that is prophetic for the twenty-first century. This involves a dynamic integration of knowing with being, being with action, truth with witness, individual with community, and divine initiative with human flourishing. At the heart of this life with God is participation in the asymmetrical yet utterly reciprocal interaction between human beings and the God who loves them in freedom. Leigh succeeds both in describing this participation convincingly and in demonstrating its provocative attractiveness.
Author: Sari Kisilevsky
Publisher: Bloomsbury Publishing
ISBN: 1782253068
Category : Law
Languages : en
Pages : 235
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Book Description
This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. All of the essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy.
Author: James Tully
Publisher: Cambridge University Press
ISBN: 113947331X
Category : Political Science
Languages : en
Pages : 382
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Book Description
These two ambitious volumes from one of the world's most celebrated political philosophers present a new kind of political and legal theory that James Tully calls a public philosophy, and a complementary new way of thinking about active citizenship, called civic freedom. Professor Tully takes the reader step-by-step through the principal debates in political theory and the major types of political struggle today. These volumes represent a genuine landmark in political theory. In this second volume, Professor Tully studies networks and civic struggles over global or imperial relations of inequality, dependency, exploitation and environmental degradation beyond the state. The final chapter brings all of the author's resonant themes together in a new way of thinking about global and local citizenship, and of political theory in relation to it. This forms a powerful conclusion to a major intervention from a vital and distinctive voice in contemporary thought.
Author: Gunda Werner
Publisher: Taylor & Francis
ISBN: 1003827985
Category : Religion
Languages : en
Pages : 158
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Book Description
This book explores how Judith Butler’s work on gender and the shaping of the human subject and Michel Foucault's notion of parrhesia, ‘speaking the truth’, can be made fruitful for a theology of freedom. The volume illustrates the importance of three concepts - freedom, gender (body) and power (critique) - and how this triad provides the foundational categories and structural elements of a theology of freedom. By starting from an analysis of power and the performative potential of gendered embodiment, freedom can be thought of as the basis of creative and critical human action and thereby implemented in theology. The chapters feature several theological-historical case studies that are representative of topics that continue to shape contemporary Catholic norms and thought. In particular, the author reflects on the 13th century with the idea of personal sin and confession, and the 19th century with a gender ideology that has led to the marginalization of difference and dissent. The book shows how Butler and Foucault can provide essential insights for Catholic theology and is valuable reading for scholars of religion, philosophy, and gender and sexuality studies.
Author: Geoffrey R. Stone
Publisher: Oxford University Press
ISBN: 0197519415
Category : Law
Languages : en
Pages : 385
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Book Description
Written by a group of the nation's leading constitutional scholars, a deeply informed, thoughtful, and often surprising examination of who has First Amendment rights to disclose, to obtain, or to publish classified information relating to the national security of the United States. One of the most vexing and perennial questions facing any democracy is how to balance the government's legitimate need to conduct its operations-especially those related to protecting the national security-in secret, with the public's right and responsibility to know what its government is doing. There is no easy answer to this issue, and different nations embrace different solutions. In the United States, at the constitutional level, the answer begins exactly half a century ago with the Supreme Court's landmark 1971 decision in the Pentagon Papers case. The final decision, though, left many important questions unresolved. Moreover, the issue of leaks and secrecy has cropped up repeatedly since, most recently in the Edward Snowden and Chelsea Manning cases. In National Security, Leaks and Freedom of the Press , two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars-including John Brennan, Eric Holder, Cass R. Sunstein, and Michael Morell, among many others-to delve into important dimensions of the current system, to explain how we should think about them, and to offer as many solutions as possible.
Author: Vitaliy Pogoretskyy
Publisher: Cambridge University Press
ISBN: 1316738094
Category : Law
Languages : en
Pages : 409
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Book Description
Gas transit is network-dependent and it cannot be established without the existence of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an inter-regional level, there are no sufficient pipeline networks allowing gas to travel freely from a supplier to the most lucrative markets. The existing networks are often operated by either private or state-controlled vertically integrated monopolies who are often reluctant to release unused pipeline capacity to their potential competitors. These obstacles to gas transit can diminish the gains from trade for states endowed with natural gas resources, including developing landlocked countries, as well as undermine WTO Members' energy security and their attempts at sustainable development. This book explains how the WTO could play a more prominent role in the international regulation of gas transit and promote the development of an international gas market.
