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Author: Herlinde Pauer-Studer Publisher: Cambridge University Press ISBN: 110891635X Category : Law Languages : en Pages : 283
Book Description
Post-war legal scholars commonly consider the Third Reich's judicial system to be the paradigm of 'evil law'. By examining how crucial parts of this distorted normative order evolved and were justified by regime-loyal legal theorists, we can appreciate how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law. From 1933 to 1939, a flood of publications reflected on the question of how to adapt law to the political ends of National Socialism, debating both the normative and constitutional foundations of the National Socialist state, and the proper form and content of criminal and police law in this new political framework. These debates, the main threads of which are central to this book, reveal the normative ideas driving the Führer state and the legal subtext to the Nazi regime's escalating atrocities.
Author: Herlinde Pauer-Studer Publisher: Cambridge University Press ISBN: 110891635X Category : Law Languages : en Pages : 283
Book Description
Post-war legal scholars commonly consider the Third Reich's judicial system to be the paradigm of 'evil law'. By examining how crucial parts of this distorted normative order evolved and were justified by regime-loyal legal theorists, we can appreciate how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law. From 1933 to 1939, a flood of publications reflected on the question of how to adapt law to the political ends of National Socialism, debating both the normative and constitutional foundations of the National Socialist state, and the proper form and content of criminal and police law in this new political framework. These debates, the main threads of which are central to this book, reveal the normative ideas driving the Führer state and the legal subtext to the Nazi regime's escalating atrocities.
Author: Amaya Amell Publisher: Rowman & Littlefield ISBN: 1793613354 Category : Law Languages : en Pages : 141
Book Description
Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.
Author: John T. Jost Publisher: Harvard University Press ISBN: 0674244656 Category : Psychology Languages : en Pages : 402
Book Description
A leading psychologist explains why nearly all of us—including many of those who are persecuted and powerless—so often defend the social systems that cause misery and injustice. Why do we so often defend the very social systems that are responsible for injustice and exploitation? In A Theory of System Justification, John Jost argues that we are motivated to defend the status quo because doing so serves fundamental psychological needs for certainty, security, and social acceptance. We want to feel good not only about ourselves and the groups to which we belong, but also about the overarching social structure in which we live, even when it hurts others and ourselves. Jost lays out the wide range of evidence for his groundbreaking theory and examines its implications for our communities and our democracy. Drawing on twenty-five years of research, he provides an accessible account of system justification theory and its insights. System justification helps to explain deep contradictions, including the feeling among some women that they don’t deserve the same salaries as men and the tendency of some poor people to vote for policies that increase economic inequality. The theory illuminates the most pressing social and political issues of our time—why has it been so hard to combat anthropogenic climate change?—as well as some of the most intimate—why do some black children prefer white dolls to black ones and why do some people stay in bad relationships? Jost’s theory has far-reaching implications, and he offers numerous insights that political activists and social justice advocates can use to promote change.
Author: Rainer Forst Publisher: Columbia University Press ISBN: 0231147082 Category : Law Languages : en Pages : 370
Book Description
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Author: Ingo Müller Publisher: ISBN: Category : History Languages : en Pages : 376
Book Description
Why did the judges, lawyers, and law professors of a civilized state succumb to a lawless regime? What happened to liberalism and the rule of law under the Third Reich? How many of the legal institutions and how much of their personnel carried over to the West German state after World War II?
Author: Ester Herlin-Karnell Publisher: ISBN: 0190889055 Category : Law Languages : en Pages : 385
Book Description
This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.
Author: John T. Jost Publisher: Oxford University Press ISBN: 0195320913 Category : Philosophy Languages : en Pages : 548
Book Description
This book is the first of its kind, bringing together formerly independent lines of research on ideology and system justification. Leading scientists and scholars from psychology, sociology, political science, law, and organizational behavior present their cutting-edge theorizing and research on such topics as the social, personality, cognitive, and motivational antecedents and consequences of adopting liberal versus conservative ideologies, the social and psychological functions served by political and religious ideologies, and the myriad ways in which people defend, bolster, and justify the social systems they inhabit.
Author: Dale T. Snauwaert Publisher: Cambridge Scholars Publishing ISBN: 1527518671 Category : Political Science Languages : en Pages : 254
Book Description
This book explores the normative dimensions of peace studies and peace education through the lens of moral and political philosophy. The purpose is to explore the idea of peace as a matter of justice, and to articulate a pedological framework for the development and exercise of citizens’ capacities for moral reasoning and judgment regarding potential responses to the basic questions of justice, including resisting injustice. The just conditions necessary for peace are contingent upon the informed participation of democratic citizens who are capable of becoming dynamic agents of justice. The development of citizens’ capacity for moral reasoning and judgment is of paramount importance, for it constitutes a necessary condition for the realization of justice and peace on all levels of human society, from local to global. The book will be of interest to both students and all those interested in thinking about peace as a matter of justice.
Author: Oswald Bayer Publisher: Wm. B. Eerdmans Publishing ISBN: 9780802839879 Category : Religion Languages : en Pages : 106
Book Description
"Living by faith" is much more than a general Christian precept; it is the fundamental posture of believers in a world rife with suffering and injustice. In this penetrating reflection on the meaning of "justification," Oswald Bayer shows how this key religious term provides a comprehensive horizon for discussing every aspect of Christian theology, from creation to the end times. Inspired by and interacting with Martin Luther, the great Christian thinker who grappled most intensely with the concept of justification, Bayer explores anew the full range of traditional dogmatics (sin, redemption, eschatology, and others), placing otherwise complex theological terms squarely within their proper milieu -- everyday life. In the course of his discussion, Bayer touches on such deep questions as the hidden nature of God, the hope for universal justice, the problem of evil, and -- one of the book's most engaging motifs -- Job's daring lawsuit with God.
Author: Herlinde Pauer-Studer
Author: Herlinde Pauer-Studer
Author: Herlinde Pauer-Studer
Author: Amaya Amell
Author: John T. Jost
Author: Rainer Forst
Author: Ingo Müller
Author: Ester Herlin-Karnell
Author: John T. Jost
Author: Dale T. Snauwaert
Author: Oswald Bayer