Kategoria BISAC: Law >> Natural Law

Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation, ' 'appropriation, ' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the...

Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the 'moral' attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an...

In　engaging with the full range of 'the arts', contributors to this volume　consider the relationship between law, justice, the ethical and the aesthetic. Art continually informs the ethics of a legal theory concerned to address how theoretical abstractions and concrete oppressions overlook singularity and spontaneity. Indeed, the exercise of the legal role and the scholarly understanding of legal texts were classically defined as ars iuris - an art of law - which drew on the panoply of humanist disciplines, from philology to fine art. That tradition has fallen by the wayside,...

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates...

The interest in Gustav Radbruch has not waned. His life, his work as a politician and author of criminal policy, professor and reformer of criminal law, and legal historian and philosopher have been comprehensively and diversely explored and recorded. This also holds true for Radbruch's most famous and far-reaching scientific legacy: the Radbruch formulas. They have been the object of numerous interpretations and controversies and lead to the development of not only the ongoing debate regarding the author's association with natural law or positive law but also the fundamental discussion of...