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The Legal Theory of Ethical Positivism
ISBN: 9781855211711 / Angielski / Twarda / 312 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific...
The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adj...
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701,59 zł |
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Contemporary Perspectives on Natural Law: Natural Law as a Limiting Concept
ISBN: 9780754660545 / Angielski / Twarda / 334 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical...
Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the not...
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753,56 zł |
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Individual Duty Within a Human Rights Discourse
ISBN: 9780754623618 / Angielski / Twarda / 296 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy,...
Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international lev...
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701,59 zł |
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To Kill Another: Homicide and Natural Law
ISBN: 9781412849609 / Angielski / Miękka / 252 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Basing his argument on natural law, Graham J. McAleer asserts that only public authority has the right to intentionally kill. He draws upon the work of Thomas Aquinas and Francisco de Vitoria, defending the claim that these natural law theorists have developed the best available theory of homicide. To have rule of law in any meaningful sense, the author argues, there must be protections for the guilty and prohibition against killing innocents. Western theories of law have drifted steadily towards the privatization of homicide, despite the fact that it runs counter to rule of law. Public acts...
Basing his argument on natural law, Graham J. McAleer asserts that only public authority has the right to intentionally kill. He draws upon the work o...
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cena:
239,01 zł |
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The Law in Quest of Itself
ISBN: 9781616193218 / Angielski / Miękka / 160 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. LEGAL POSITIVISM AND NATURAL LAW
Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsens theory as a reactionary theory and Hobbes theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be" and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivisms continued influence on American legal thinking and concludes that law is necessary in a democracy as a principle... LEGAL POSITIVISM AND NATURAL LAW
Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his... |
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140,62 zł |
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Freedom Under God
ISBN: 9780944997116 / Angielski / Miękka / 264 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. In 1940, on the eve of the United States entry into World War II, the late Fulton J. Sheen (1895-1979) published FREEDOM UNDER GOD. This new, annotated "Just Third Way Edition" of a neglected classic includes an in-depth foreword, as well as a bibliography and index not included in the original. While FREEDOM UNDER GOD addresses the loss of true freedom throughout the world, Sheen's special concern was freedom of religion. This is under increasing attack today. Individual life as well as marriage and the family are also in grave danger as the State continues to expand its power to fill the...
In 1940, on the eve of the United States entry into World War II, the late Fulton J. Sheen (1895-1979) published FREEDOM UNDER GOD. This new, annotate...
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97,61 zł |
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Debating Medieval Natural Law: A Survey
ISBN: 9780268100407 / Angielski / Twarda / 170 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories....
In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of nat...
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cena:
181,89 zł |
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Facts, Issues, Options and Solutions
ISBN: 9781624199967 / Angielski / Miękka / 512 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. John Crowell Businessman, Tuscaloosa, Al Dr. Steele's book is an amazing perspective on how mediation and law collectively can help parties resolve simple and complex legal disputes. His book using the theory of facts, issues, options & solutions lends mediators the best of legal method to develop their mediation case theory in managing the dynamics of mediation cases that has clogged our judicial court system. Now the American people have a definite alternative to collaborate and resolve their legal case with the assistance of an impartial third party. This book also is excellent for...
John Crowell Businessman, Tuscaloosa, Al Dr. Steele's book is an amazing perspective on how mediation and law collectively can help parties resolve si...
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cena:
129,29 zł |
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The Natural Moral Law: The Good After Modernity
ISBN: 9781107669758 / Angielski / Miękka / 320 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law.
This book studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law.
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259,22 zł |
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The Argument from Injustice: A Reply to Legal Positivism
ISBN: 9780199584215 / Angielski / Miękka / 160 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of...
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, e...
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188,42 zł |
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Constitutional Illusions and Anchoring Truths: The Touchstone of the Natural Law
ISBN: 9780521732086 / Angielski / Miękka / 282 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. This book stands against the current of judgments long settled in the schools of law in regard to classic cases such as Lochner v. New York, Near v. Minnesota, the Pentagon Papers case, and Bob Jones University v. United States. Professor Hadley Arkes takes as his subject concepts long regarded as familiar, settled principles in our law prior restraints, ex post facto laws and he shows that there is actually a mystery about them, that their meaning is not as settled or clear as we have long supposed. Those mysteries have often given rise to illusions or at least a series of puzzles in our...
This book stands against the current of judgments long settled in the schools of law in regard to classic cases such as Lochner v. New York, Near v. M...
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139,19 zł |
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The Enforcement of Morals
ISBN: 9780865978058 / Angielski / Miękka / 139 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Includes seven essays that deal with the limits of individual freedom within society - the boundaries of the public and the private in the realm of morals, and the point at which the law may enter.
Includes seven essays that deal with the limits of individual freedom within society - the boundaries of the public and the private in the realm of mo...
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52,29 zł |
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The Natural Moral Law: The Good After Modernity
ISBN: 9781107008427 / Angielski / Twarda / 320 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. The Natural Moral Law argues that the good can be known and that therefore the moral law, which serves as a basis for human choice, can be understood. Proceeding historically through ancient, modern, and postmodern thinkers, Owen Anderson studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law. The focal challenge is whether the skepticism of postmodern thinkers can be answered in a way that preserves knowledge claims about the good. Considering the failures of modern thinkers to correctly articulate reason and the good and how postmodern...
The Natural Moral Law argues that the good can be known and that therefore the moral law, which serves as a basis for human choice, can be understood....
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498,65 zł |
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Aristotle and Natural Law
ISBN: 9781472506603 / Angielski / Miękka / 224 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. 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... Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation, ' 'appropriation, ' 'nego... |
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197,43 zł |
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Consent in the Law
ISBN: 9781841136790 / Angielski / Twarda / 406 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Consent features pervasively in both moral and legal discourse as a justifying reason. Stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent - in particular, that an agent with the relevant capacity has made an unforced and informed choice, that the consent has been clearly signaled, and that the...
Consent features pervasively in both moral and legal discourse as a justifying reason. Stated simply, where there is consent, there can be no complain...
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cena:
493,71 zł |
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Morality Policies in Europe: Concepts, Theories and Empirical Evidence
ISBN: 9780415717885 / Angielski / Twarda / 176 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. The regulation of issues like abortion, euthanasia, gun control, same-sex unions, pornography, prostitution, drugs, or gambling is commonly referred to a special class of so called morality policies. The distinctive feature of these policies is that politics are shaped by conflicts over first principle: When does life end? When does it begin? Is gambling, drug consumption or prostitution inherently malignant? The regulation of these value conflicts entails decisions about "right" or "wrong" and hence the "validation of a particular set of basic values." Yet there is still a remarkable lack... The regulation of issues like abortion, euthanasia, gun control, same-sex unions, pornography, prostitution, drugs, or gambling is commonly referre... |
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187,04 zł |
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Observing Theatre : Spirituality and Subjectivity in the Performing Arts
ISBN: 9789042037809 / Angielski / Miękka / 236 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Daniel Meyer-Dinkgrafe and co-authors take the exploration of the subjective dimension of theatre, its spiritual context, its relation to consciousness and natural law, further than ever before, thanks to the context provided by the thinking of German geobiologist Hans Binder. We present relevant aspects of Binder's approach as precisely as possible, then take Binder's approach for granted to tease out the implications of that approach to the issues of theatre, including nostalgia, intercultural theatre, theatre criticism, dealing with demanding roles, the canon, theatre and philosophy,...
Daniel Meyer-Dinkgrafe and co-authors take the exploration of the subjective dimension of theatre, its spiritual context, its relation to consciousnes...
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cena:
321,84 zł |
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Judicial Power, Democracy and Legal Positivism
ISBN: 9780754620617 / Angielski / Twarda / 452 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.
In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its i...
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cena:
701,59 zł |
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Das Minimum der reinen praktischen Vernunft
ISBN: 9783110323924 / Niemiecki / Twarda / 282 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. Die normative Geltungsabhangigkeit des allgemeinen Rechtsprinzips aus der Rechtslehre vom kategorischen Imperativ aus den zwei ethischen Grundlagenschriften Kants kann zweifach angezweifelt werden: Zum einen bleibt das allgemeine Rechtsprinzip dem Motiv der Adressaten gegenuber indifferent; dieses ist aber in der grundlegenden Theorie der Moralitat der Grundlagenschriften gerade ausschlaggebend. Zum anderen ist fur Kant das allgemeine Rechtsprinzip analytisch mit einer auerlichen Zwangsbefugnis verbunden; dies scheint sogar im Gegensatz zu dem auf Selbstverpflichtung gegrundeten... Die normative Geltungsabhangigkeit des allgemeinen Rechtsprinzips aus der Rechtslehre vom kategorischen Imperativ aus den zwei ethischen Grundlagen... |
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739,13 zł |
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International Legal Positivism in a Post-Modern World
ISBN: 9781107019263 / Angielski / Twarda / 556 str. Termin realizacji zamówienia: ok. 5-8 dni roboczych. International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of...
International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theo...
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cena:
670,97 zł |
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