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BOOK EXCERPT:
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.
Product Details :
Genre |
: Electronic books |
Author |
: David McIlroy |
Publisher |
: Edward Elgar Publishing |
Release |
: 2019 |
File |
: 199 Pages |
ISBN-13 |
: 9781788114004 |
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BOOK EXCERPT:
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.
Product Details :
Genre |
: Philosophy |
Author |
: William E. Scheuerman |
Publisher |
: Rowman & Littlefield |
Release |
: 2019-10-18 |
File |
: 358 Pages |
ISBN-13 |
: 9781786611567 |
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BOOK EXCERPT:
Following the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory.
Product Details :
Genre |
: Law |
Author |
: Cosmin Cercel |
Publisher |
: Taylor & Francis |
Release |
: 2024-10-14 |
File |
: 273 Pages |
ISBN-13 |
: 9781040152553 |
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BOOK EXCERPT:
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
Product Details :
Genre |
: Law |
Author |
: W. Michael Reisman |
Publisher |
: BRILL |
Release |
: 2023-10-09 |
File |
: 1207 Pages |
ISBN-13 |
: 9789004524835 |
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BOOK EXCERPT:
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.
Product Details :
Genre |
: Bibles |
Author |
: Jason C. Meyer |
Publisher |
: B&H Publishing Group |
Release |
: 2009 |
File |
: 354 Pages |
ISBN-13 |
: 9780805448429 |
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BOOK EXCERPT:
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
Product Details :
Genre |
: Law |
Author |
: Mireille Hildebrandt |
Publisher |
: Edward Elgar Publishing |
Release |
: 2015-02-27 |
File |
: 295 Pages |
ISBN-13 |
: 9781849808774 |
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BOOK EXCERPT:
Discusses the issues surrounding physician-assisted suicide in light of the Supreme Court's recent decision
Product Details :
Genre |
: Law |
Author |
: Carl Schneider |
Publisher |
: University of Michigan Press |
Release |
: 2000 |
File |
: 390 Pages |
ISBN-13 |
: 0472111574 |
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BOOK EXCERPT:
This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.
Product Details :
Genre |
: Law |
Author |
: Giuseppe Mazziotti |
Publisher |
: Springer Science & Business Media |
Release |
: 2008-02-19 |
File |
: 378 Pages |
ISBN-13 |
: 9783540759850 |
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BOOK EXCERPT:
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.
Product Details :
Genre |
: Religion |
Author |
: David W. Opderbeck |
Publisher |
: Wipf and Stock Publishers |
Release |
: 2021-08-12 |
File |
: 230 Pages |
ISBN-13 |
: 9781498223904 |
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BOOK EXCERPT:
The End of the Law pursues further the ethical theories developed in the author's earlier books, such as Morals as Founded on Natural Law (1987) or The Recovery of Purpose (1993). Here he focuses more intensively upon the foundation of any deontological motive of duty upon a teleological substructure. All law is for an end, and moral reality is grounded exclusively in the exigences of a dynamic human reality. There is no separate moral reality or "universe of value". This is the attitude the author calls moralism, which he exposes in authors such as Kant and R.M. Hare, with their "anti-ontological stance". At the same time, he is careful to distance himself from utilitarianism, as replacing the common good with the aggregate good. For the author, and the Aristotelian Thomist tradition he draws upon, the ends of actions specify them morally, unlike extrinsically succeeding results.
Product Details :
Genre |
: Ethics |
Author |
: Stephen Theron |
Publisher |
: Peeters Publishers |
Release |
: 1999 |
File |
: 140 Pages |
ISBN-13 |
: 9042907258 |