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Author: Raymond Wacks Publisher: OUP Oxford ISBN: 0191510637 Category : Law Languages : en Pages : 169
Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: Raymond Wacks Publisher: OUP Oxford ISBN: 0191510637 Category : Law Languages : en Pages : 169
Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: David Boersema Publisher: Routledge ISBN: 0429977948 Category : Philosophy Languages : en Pages : 398
Book Description
Combining the sustained, coherent perspective of an authored text with diverse, authoritative primary readings, Philosophy of Human Rights provides the context and commentary students need to comprehend challenging rights concepts. Clear, accessible writing, thoughtful consideration of primary source documents, and practical, everyday examples pertinent to students' lives enhance this core textbook for courses on human rights and political philosophy. The first part of the book explores theoretical aspects, including the nature, justification, content, and scope of rights. With an emphasis on contemporary issues and debates, the second part applies these theories to practical issues such as political discourse, free expression, the right to privacy, children's rights, and victims' rights. The third part of the book features the crucial documents that are referred to throughout the book, including the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human Rights and Peoples' Rights, and many more.
Author: Charalampos Stamelos Publisher: Ethics International Press ISBN: 1804411868 Category : Law Languages : en Pages : 344
Book Description
The book Philosophy of Law presents relevant theories, puts emphasis on the analysis of the branches of law and of basic human rights, and proposes the holistic analysis of law. In the first part the author analyses the main elements of each theory (natural law, legal positivism, legal realism, legal formalism, legal liberalism, economic analysis of law, critical legal studies). The main philosophers of law or supporters of each theory are discussed. In the second part of the book human rights and jurisprudence are analysed in the context of public law, criminal law (e.g., death penalty), private law and international law. The holistic analysis of law is proposed as a theory to address modern problems, such as poverty, climate change, the pandemic, and other global issues. The book is designed primarily for law students, teachers and supervisors.
Author: David Lefkowitz Publisher: Cambridge University Press ISBN: 1107138779 Category : Law Languages : en Pages : 289
Book Description
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Author: Allen Buchanan Publisher: Oxford University Press ISBN: 0199325405 Category : Philosophy Languages : en Pages : 331
Book Description
This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Author: Pablo Gilabert Publisher: Oxford University Press ISBN: 0192562134 Category : Philosophy Languages : en Pages : 362
Book Description
Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.
Author: John RAWLS Publisher: Harvard University Press ISBN: 0674042603 Category : Philosophy Languages : en Pages : 624
Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Andrew Halpin Publisher: Hart Publishing ISBN: 9781901362152 Category : Law Languages : en Pages : 0
Book Description
Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld's analysis of rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author's own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger's theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights.
Author: Jack Donnelly Publisher: Cornell University Press ISBN: 9780801487767 Category : Law Languages : en Pages : 308
Book Description
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Author: Raymond Wacks
Author: Raymond Wacks
Author: David Boersema
Author: Charalampos Stamelos
Author: David Lefkowitz
Author: John Tasioulas
Author: Allen Buchanan
Author: Pablo Gilabert
Author: John RAWLS
Author: Andrew Halpin
Author: Jack Donnelly