Modern Conception of Law PDF Download

Author: Frank Johnston
Publisher:
ISBN:
Category : Analytical jurisprudence
Languages : en
Pages : 376

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Author: Johnston
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Ana Marta González
Publisher: Routledge
ISBN: 1317160606
Category : Philosophy
Languages : en
Pages : 335

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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 elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 254

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Author: Roberto Mangabeira Unger
Publisher: Simon and Schuster
ISBN: 0029328802
Category : Law
Languages : en
Pages : 324

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"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.

Author: Anthony Pagden
Publisher: Cambridge University Press
ISBN: 9780521386661
Category : History
Languages : en
Pages : 380

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Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.

Author: Herbert Lionel Adolphus Hart
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 263

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Author: Pierre Manent
Publisher: University of Notre Dame Pess
ISBN: 0268107238
Category : Philosophy
Languages : en
Pages : 212

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This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.

Author: Emmanuel Roucounas
Publisher: BRILL
ISBN: 9004385363
Category : Law
Languages : en
Pages : 731

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The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.

Author: Michał Peno
Publisher: Ius, Lex et Res Publica
ISBN: 9783631783252
Category : Jurisprudence
Languages : en
Pages : 0

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This book contains texts prepared by representatives of various branches of law. The authors aim to determine: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.