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Author: Alejandra Mancilla Publisher: Rowman & Littlefield ISBN: 1783485876 Category : Philosophy Languages : en Pages : 140
Book Description
What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.
Author: Alejandra Mancilla Publisher: Rowman & Littlefield ISBN: 1783485876 Category : Philosophy Languages : en Pages : 140
Book Description
What does the basic right to subsistence allow its holders to do for themselves when it goes unfulfilled? This book guides the reader through the morality of infringing property rights for subsistence, in a global context.
Author: Virpi Mäkinen Publisher: BRILL ISBN: 9004431535 Category : History Languages : en Pages : 277
Book Description
Rights at the Margins explores the ways rights were available to those on the margins and their relationship with social justice in medieval and early modern thought. It also elaborates the relevance of some historical ideas in the contemporary context.
Author: Jens David Ohlin Publisher: Oxford University Press ISBN: 0190622946 Category : Law Languages : en Pages : 216
Book Description
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
Author: Alan Brudner Publisher: OUP Oxford ISBN: 0191002542 Category : Law Languages : en Pages : 340
Book Description
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
Author: Nomi Claire Lazar Publisher: Cambridge University Press ISBN: 113947958X Category : Political Science Languages : en Pages :
Book Description
In an emergency, statesmen concentrate power and suspend citizens' rights. These emergency powers are ubiquitous in the crisis government of liberal democracies, but their nature and justification is poorly understood. Based on a pluralist conception of political ethics and political power, this book shows how we can avoid the dangers and confusions inherent in the norm/exception approach that dominates both historical and contemporary debate. The book shows how liberal values need never - indeed must never - be suspended, even in times of urgency. Only then can accountability remain a live possibility. But at the same time, emergency powers can sometimes be justified with reference to extra-liberal norms that also operate in times of normalcy. By emphasizing the continuity between times of normalcy and emergency, the book illuminates the norms of crisis government, broadening our understanding of liberal democratic government and of political ethics in the process.
Author: Kai Draper Publisher: Oxford University Press, USA ISBN: 019938889X Category : History Languages : en Pages : 267
Book Description
This study begins with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national, no less than personal, interests. That assumption might seem to demand a pacifist rejection of all war, for any sustained war effort requires military operations that predictably kill many non-combatants, most of whom presumably have a right not to be killed. Yet the book concludes that sometimes recourse to war is justified. Its argument relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory.
Author: Markus Dubber Publisher: OUP Oxford ISBN: 0191030678 Category : Law Languages : en Pages : 752
Book Description
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.
Author: Alejandra Mancilla
Author: Alejandra Mancilla
Author: Virpi Mäkinen
Author: Jens David Ohlin
Author: Alan Brudner
Author: Nomi Claire Lazar
Author: Kai Draper
Author: Alvin Wood Chase
Author: Stephen L. Pevar
Author: Markus Dubber
Author: William Johnston