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Author: William E. Scheuerman Publisher: Rowman & Littlefield ISBN: 1786611562 Category : Philosophy Languages : en Pages : 358
Book Description
Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.
Author: William E. Scheuerman Publisher: Rowman & Littlefield ISBN: 1786611562 Category : Philosophy Languages : en Pages : 358
Book Description
Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.
Author: David McIlroy Publisher: Edward Elgar Publishing ISBN: 1788114000 Category : LAW Languages : en Pages : 200
Book Description
The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.
Author: Brian Z. Tamanaha Publisher: Cambridge University Press ISBN: 1139459228 Category : Law Languages : en Pages : 238
Book Description
The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
Author: David W. Opderbeck Publisher: Wipf and Stock Publishers ISBN: 1498223893 Category : Religion Languages : en Pages : 260
Book Description
Does neuroscience show that all our ideas about law and ethics are false? David Opderbeck answers this question with a broad and deep survey of the relationship between theology, science, and ethics. He proposes that Christian theology, which narrates the humanity and divinity of Christ, in conversation with the new Aristotelianism in the philosophy of science, provides a path through secular and religious fundamentalisms alike.
Author: Jason C. Meyer Publisher: B&H Publishing Group ISBN: 080544842X Category : Bibles Languages : en Pages : 354
Book Description
A study of Paul's theology in the Bible, focusing on his view of the old covenant God made with Israel and the new covenant Jesus announced at the Last Supper.
Author: David S. Cunningham Publisher: Routledge ISBN: 1134185049 Category : Religion Languages : en Pages : 407
Book Description
Christian Ethics provides a biblical, historical, philosophical and theological guide to the field of Christian ethics. Prominent theologian David S. Cunningham explores the tradition of ‘virtue ethics’ in this creative and lively text, which includes literary and musical references as well as key contemporary theological texts and figures. Three parts examine: the nature of human action and the people of God as the ‘interpretative community’ within which ethical discourse arises the development of a ‘virtue ethics’ approach, and places this in its Christian context significant issues in contemporary Christian ethics, including the ethics of business and economics, politics, the environment, medicine and sex. This is the essential text for students of all ethics courses in theology, religious studies and philosophy.
Author: Mireille Hildebrandt Publisher: Edward Elgar Publishing ISBN: 1849808775 Category : Law Languages : en Pages : 304
Book Description
This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and
Author: Vincent Chiao Publisher: Studies in Penal Theory and Ph ISBN: 0190273941 Category : Law Languages : en Pages : 289
Book Description
What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.
Author: Gary Minda Publisher: NYU Press ISBN: 0814761011 Category : Law Languages : en Pages : 362
Book Description
What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.
Author: William E. Scheuerman
Author: William E. Scheuerman
Author: David McIlroy
Author: Brian Z. Tamanaha
Author: David W. Opderbeck
Author: Jason C. Meyer
Author: Rudolf von Jhering
Author: David S. Cunningham
Author: Mireille Hildebrandt
Author: Vincent Chiao
Author: Gary Minda