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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: 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: 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: 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: Axel Honneth
Publisher: Princeton University Press
ISBN: 069111806X
Category : Medical
Languages : en
Pages : 94
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Book Description
This is a penetrating reinterpretation and defense of Hegel's social theory as an alternative to reigning liberal notions of social justice. The eminent German philosopher Axel Honneth rereads Hegel's Philosophy of Right to show how it diagnoses the pathologies of the overcommitment to individual freedom that Honneth says underlies the ideas of Rawls and Habermas alike. Honneth argues that Hegel's theory contains an account of the psychological damage caused by placing too much emphasis on personal and moral freedom. Although these freedoms are crucial to the achievement of justice, they are insufficient and in themselves leave people vulnerable to loneliness, emptiness, and depression. Hegel argues that people must also find their freedom or "self-realization" through shared projects. Such projects involve the three institutions of ethical life--family, civil society, and the state--and provide the arena of a crucial third kind of freedom, which Honneth calls "communicative" freedom. A society is just only if it gives all of its members sufficient and equal opportunity to realize communicative freedom as well as personal and moral freedom.
Author: Deirdre Golash
Publisher: Springer Science & Business Media
ISBN: 9048189993
Category : Law
Languages : en
Pages : 229
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Book Description
The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into open conflict with a wide diversity of viewpoints, both domestically and internationally, has become an increasingly complex task. The present volume seeks both to provide fresh insight into the philosophical grounds for limiting government restriction of expression and to address current tensions between freedom of expression and pluralism. The suppression of ideas by government is no doubt as old as government itself. Ideas help to keep governments in power, and opposing ideas can help them to lose it. As well, through most of the history of the world, the belief that some know b- ter than others what is true, what is right, and what is valuable has been sufficiently widespread to make it seem natural for those betters to dictate for the rest what they should believe. Just as clerics did not hesitate to dictate to their congregations, Christians did not hesitate to impose their beliefs on non-Christians in order to save their souls.
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.
